Can You Prove Emotional Distress from a Car Accident?
Pain and suffering encompass more than just the physical injuries from a motor vehicle accident. It can also include the emotional distress that is caused by the incident. Proving how you have been emotionally impacted can be challenging. However, this is necessary if you want to maximize your settlement with the insurance company. Here are some ways you can prove the extent of your emotional distress.
Seek Professional Help
One of the most important steps you can take towards proving how you were emotionally impacted by the car accident is to seek professional help from a therapist. A therapist can attest to your emotional state and help the insurance company understand any physical symptoms that manifested from your emotional problems.
For instance, if you developed anxiety due to the accident, your therapist can help to connect the dots between that and having elevated blood pressure levels. You could argue that the development of high blood pressure has put your future health at risk, thus causing more anxiety for you.
In addition to seeing a therapist, see your family doctor. His or her medical records regarding the physical symptoms you developed after the accident can further link your emotional state with your physical health.
Keep a Diary
A detailed account of the emotional problems that you have experienced since the accident can potentially make the difference between the insurance company settling and having to fight with them in court. A daily diary that states exactly what you are experiencing can show the insurance company how you have been impacted.
For instance, if you have had nightmares since the accident about what happened, note that. Write down whether or not you were able to go back to sleep immediately or if it took longer. If your appetite, concentration, or any other aspect of your life has been impacted by your inability to sleep through the night without experiencing nightmares, note that.
The insurance company could be hesitant to go to court if you have a detailed account of your emotional suffering. The company could fear that the jury would side with you based on emotion and award you a larger settlement. As a result, if the company is aware of the existence of the diary and its contents, it might be more willing to settle.
Talk to your motor vehicle-accident lawyer, such as one at Shaevitz Shaevitz & Kotzamanis, about other ways you can prove the emotional distress caused by the accident.
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