Getting into a car accident does more than just damage your car. It can also lead to emotional distress that takes time to recover from. While suing for physical damages like medical bills and car repairs is common, you may also be able to sue for emotional distress if your case meets certain requirements. Your Chicago car accident attorney will help you understand your options, but before you schedule a consultation, let’s take a closer look at how when you can sue for emotional pain.
When You Can Sue for Emotional Distress
Every case is unique, but the court recognizes that emotional distress can result from car accidents and may lead to pain and suffering that you deserve compensation for. If you’re experiencing demonstrable fear and anxiety as a result of the accident or have developed psychological conditions like depression or post-traumatic stress disorder (PTSD) following the crash, you may be able to sue for emotional distress.
Your Chicago car accident attorney will review your case and can help you decide if suing for emotional distress is in your best interest.
The Two Types of Emotional Distress Claims
If you choose to sue, your claim will typically fall under one of two categories. The category you file under will depend on the circumstances of your case. Here are the two categories you should know about:
- Negligent infliction of emotional distress: This claim applies to accident cases where the other driver’s negligence resulted in your emotional distress unintentionally.
- Intentional infliction of emotional distress: This claim applies to accident cases where the other driver’s intentional actions resulted in your emotional distress. These actions may involve knowingly breaking the rules of the road, driving under the influence, and other similar situations.
After reviewing your case, your attorney will help you figure out your best options.
How to Prove Emotional Distress
To be successful in suing for emotional distress, you’ll need to be able to prove to the court that the accident truly contributed to a decline in your mental health. This involves more than just presenting your side of the story. Here are a few things you’ll need to do to set your case up for success.
- Seek medical attention: Speak with a doctor or a mental healthcare provider to help you get a clear diagnosis.
- Compile statements from friends and family: Consider getting your friends, family, and coworkers to submit statements attesting to your change in mental health.
- Work with an expert witness: Expert witnesses can strengthen your testimony and show the court the true extent of your emotional distress. Your attorney will help you find an expert witness for your case.
What Compensation Will You Be Eligible For?
When you sue for emotional distress after a car accident, these damages typically fall under the category of damages for pain and suffering. If you’re experiencing emotional distress following your car accident, you may be eligible to pursue damages for pain and suffering. However, that’s not the only type of damages you could recover. You may be able to sue for:
- Current and future medical bills
- Repairs to your vehicle
- Lost wages
- Towing expenses
- And more
Your Chicago car accident attorney will help you figure out which damages you may be eligible for based on the unique circumstances surrounding your case.
Schedule a Consultation Today
If you’re experiencing emotional distress following a car accident and are interested in seeing if you qualify a lawsuit against the other driver, don’t wait. Speak with an experienced Chicago car accident attorney. Contact us today to schedule a free consultation.