Kaufman & Stigger, PLLC helps injury victims in Louisville car accidents by answering their questions about the legal process. For many people that have been in car accidents, the emotional toll is just as impactful as the physical toll. Even with such impacts, you have options that our Louisville car accident lawyers can help you with. Contact us today for a free consultation.
Can You Sue For Emotional Distress After a Car Accident in Louisville?
Filing a claim after a Louisville car accident gives you the opportunity to recover various “damages” in an injury claim, including for emotional distress. With that, you need to figure out two things: who pays your damages and how you want to file your injury claim.
Who pays for your damages, at least in legal terms, is known as liability. And the key to determining liability in a car accident is showing negligence. Negligence is simply doing something–or not doing something-that leads to the accident and your injuries. This usually falls on the other driver in the accident, particularly in cases where they were speeding, under the influence, or distracted. However, it could also fall on the city government, car or parts makers, or even passengers.
With that established, though, you can proceed to actually filing a claim. Typically, you do this by filing either:
- An insurance claim – This is a quicker route, and happens outside of court. It’s totally controlled by the insurance company, though, so they get to decide how strong your claim is and whether you’ll even get a settlement. When they do offer a settlement, it’s often low because their overall goal is to save money.
- A personal injury lawsuit – This is a formal court action, and is overseen by a judge. It’s a more impartial process, but takes much more time and effort from you. It still gives you a better chance at recovering fair damages.
Aside from emotional distress damages, a successful claim allows you to recover damages that include:
- Medical expenses
- Pain and suffering
- Lost income
- Repair/replacement costs for your car
- Loss of companionship or quality of life
- Wrongful death expenses, in fatal accidents
Even though you have the right to file an injury claim, you have to file within Kentucky’s statute of limitations, which is one year from the date of the accident. Miss this deadline, and you can’t recover emotional distress or any other damages.
What Makes Up Emotional Distress Damages in a Car Accident Claim?
The emotional trauma that comes with a car accident in Louisville might not be apparent right away, but it’s there nonetheless. If you’ve been in a car accident, you are pretty familiar with the feelings that come from it: feeling helpless and reliving the trauma whenever you drive a car later.
But specifically, emotional distress damages in accident claim can be made up of issues like:
- Anxiety and depression – The stress of dealing with a car accident, injuries, and recovery frequently lead to anxiety or depression.
- Post-traumatic stress disorder (PTSD) – Car accidents can cause PTSD, leading to flashbacks, nightmares, and other mental health issues that you’ll have to deal with.
- Fear and phobia – Once you’re in a car accident, you might develop a fear of driving or riding in vehicles after the accident. This can last for a short time or the rest of your life, especially after a particularly bad accident. You might also develop insomnia or nightmares resulting from the trauma of the accident.
- Loss of enjoyment of your life – The emotional toll of not being able to do things you once enjoyed due to psychological trauma is another common form of emotional distress after a car accident.
Obviously, everybody responds to the emotional distress of a car accident differently. As such, it’s important to take steps to clearly lay out how your emotional distress has impacted you when you file your claim.
How Can You Show Emotional Distress After a Louisville Car Accident?
As a victim, you have the legal right to file a claim after a car accident. But, this doesn’t automatically mean that you’ll recover emotional distress or any other damages. You have to actually show the extent of these damages. So, when you want to get emotional distress damages in a claim, here’s how you can show the extent of them:
- Medical records – You’ll want to keep any records from visits with your psychologist, therapist, or doctor that shows treatment for emotional or mental health issues like anxiety, PTSD, or depression. You can also show that you’ve been prescribed medication to manage these issues as a result of the accident.
- Testimony from your mental health counselors – Your therapist or counselors can also give testimony about the severity of your emotional distress and how it’s affected your daily life.
- Personal journal – Keeping a journal of your emotional experiences can show how the accident has impacted you over time, such as recording sleepless nights, anxiety attacks, or feelings of fear.
- Testimony from loved ones – Loved ones can testify about noticeable changes in your behavior, mood, and interactions since the accident.
Remember, every situation is different. However, by showing this and other evidence, you can support your claim for emotional distress in a Louisville car accident claim. And remember, you can also lean on our team for support and guidance.
Work With Experienced Louisville Car Accident Lawyers
At Kaufman & Stigger, PLLC, we understand what victims of car accidents in Louisville are going through. This isn’t limited to just physical injuries, which can heal over time. Rather, the emotional distress and fallout from these accidents can stick with you for a long time after the accident. Our experienced car accident lawyers can help you through the legal process. Contact us today for a free consultation.
