Recovering Compensation for Emotional Distress After a Car Accident

After an accident occurs, all of the people rush towards those who are affected and check if they are doing fine physically. Now, one thing that is completely neglected in such cases is the emotional impact that the accident leaves on people.

After the accident is over, a lot of people complain about how they feel. There is some serious trauma associated with the accidents that are felt later on, which needs to be treated, and good compensation must be demanded for that. Now, emotional distress can be very different depending on the extent of the injury and also from person to person, and so does the compensation.

An accident lawyer in Houston TX can help you understand the complexities of emotional distress and the compensation related to it.

Common Emotional Distresses

There is a range of emotions and emotional distresses that are felt once the accident is over. A lot of them are felt when the accident is still occurring.

Anxiety: This is one of the very common distresses that are felt by people. It is common to worry and get anxious about future driving, about financial implications, or about the security of oneself or their loved ones. This anxiety can get acute with time or may evolve into a more serious condition.

Anger: Individuals usually feel anger after the accident is over. This can be pointed towards the person who caused it or can be a serious frustration towards the event itself.

Post-Traumatic Stress Disorder (PTSD): A lot of times, it is observed that people suffer from PTSD. This can cause you to have flashbacks, bad anxiety, nightmares, and even thoughts about the accident after a good time has passed.

Compensation for Emotional Stress

The first and foremost step is the calculation of the compensation that is needed. It is decided depending on a number of factors.

Severity and Duration

The number one factor is the severity of the injuries. If there is some emotional damage from staying there for a long time, it means they will have a bigger impact on the individuals, leading to getting serious treatments like therapy and rehabilitation.

Medical Expenses

The cost of counseling, psychological treatment, and medication for mental health can be included in deciding on the total expense that leads to deciding the compensation.

The Proof

The proof of the emotional distress and a well-documented set of evidence can impact the calculation of the amount of the compensation and play a very important role.

Negotiating with Insurance Companies

Getting through the legal processes overall and the insurance in case of emotional distress can be very tiring and challenging.

There is a whole process that needs to be followed if you have to deal with insurance companies. So, after the accident, the very first thing that you need to do is to contact your insurance company so that a claim can be filed. There is solid evidence needed by the insurance companies in order to deal with the claims and give you the needed compensation.

Once the claim filing is done, it is time for the negotiation. Before getting any offer, it is important to understand completely what emotional distress you are experiencing and how that impacts your life.

It is also vital to know the policies that are offered by the company. As some of the policies have restricted caps on the amounts and a lot of time, the payouts do not contain the option of emotional distress.

The Litigation Process

To get fair compensation, if you feel that there is no satisfactory settlement held between the company and yourself, then you need to pursue the litigation process.

This can be in the form of just filing a lawsuit that states the nature of emotional distress and the compensation that is being seeked. Now, both the parties have to collect the evidence that supports their case. There are a few tries to get to a settlement without making the court a part of the issue. But once this stage is not reached, a trial can be opted for.

During the trial, both parties come up with evidence to prove their side of the story. Then, the decision is made with the help of a jury or a judge.

If any of the parties is not satisfied by the results of the trials, then they can make appeals. The appeal on the decision, once made, can make the process very long and tiring.

Conclusion

When it comes to compensation in case of emotional distress, it can be a little challenging to prove the evidence of the accidents. The navigation process through the hurdles of compensation is also a challenge that one needs to deal with. But getting the correct compensation for the emotional damage is a very tricky job.