Yes, you can claim compensation for anxiety after a car crash as part of a personal injury claim. Emotional distress damages can include anxiety, panic attacks, and post-traumatic stress disorder (PTSD).
If you are dealing with anxiety or other emotional injuries after a crash caused by someone else, speaking with a Portland, ME personal injury lawyer can help you understand your options and what evidence may be required.
How do you claim compensation for anxiety after a car accident?
The first step in securing compensation for post-accident anxiety or other emotional damages is establishing that you have the condition you are claiming and that the condition was caused by the accident. If you start exhibiting one or more of these common symptoms of accident-induced anxiety, talk to a licensed mental health professional about your condition and treatment options:
- Intense fear of driving
- Intrusive memories/flashbacks of the event
- Hypervigilance (easily startled), especially behind the wheel
- Irritability
- Sleep problems (insomnia, nightmares)
- Difficulty concentrating
- Avoidance of triggers, including avoiding the location where the accident happened or refusing to drive
- Emotional detachment
Anxiety can also manifest as physical stress, with symptoms like a rapid heart rate, nausea, headaches, and exhaustion. Left untreated, anxiety may become harder to treat and recover from.
Once you see a mental health counselor, psychologist, or psychiatrist who can diagnose your anxiety, it’s important to follow their treatment regimen. Not only will this give you the best chance for recovery and moving forward with your life, but it also documents what you are dealing with and provides records that can be used to support your claim.
Your medical records and the testimony from your mental health provider can help establish that your condition was caused by the underlying accident.
Make sure to document everything. It’s a good idea to keep a detailed journal of your daily symptoms and how they impact your life. It’s important to keep this journal limited to the symptoms you are dealing with from the accident and should be prepared for your lawyer. You also should keep your personal injury lawyer informed about your ongoing symptoms and care.
What compensation is available for anxiety after a car crash?
In a personal injury case damages are available for things like emotional distress, pain and suffering and lost enjoyment of life. These damages are broad and can compensate you for all negative impacts of an injury on your overall quality of life. Anxiety often makes it hard to do activities you once enjoyed and damages for lost enjoyment of life may be available to compensate you.
You can also claim compensation for the costs of treating anxiety, including therapy bills, medication, and doctor visits.
If your anxiety prevents you from working or from driving to work, you can also claim lost wages for the time you missed, even if you used sick leave or PTO.
How do you prove anxiety in a car accident claim?
Your lawyer builds your personal injury case by determining the full impact of the car crash on your life, including your diminished quality of life. It’s difficult to place a dollar amount on all the ways that an injury can affect your life, both quality-wise and financially, but an experienced attorney can help you understand what damages you are likely to recover in your case.
There are multiple elements to building your personal injury case:
- Medical records, which include your anxiety diagnoses, treatment plans, and prescriptions
- Therapy notes from your psychologist or therapist showing ongoing care and the effect an accident had on your life
- Testimony from treatment providers who evaluate the effects of traumatic car accidents on your mental health
- Witness statements from family, friends, or coworkers about behavioral changes and the overall impact of anxiety on your life and relationships
Working with an experienced car accident attorney can help you present the strongest possible claim for anxiety-related damages. Insurance companies typically want to see strong proof in the form of medical and therapy records to even consider damages for anxiety and loss of quality of life.
Can you sue for emotional distress after a car crash?
A claim solely based on emotional distress after a car accident without other injuries can be difficult to prove. However, if you develop situational anxiety, a phobia of driving, or are exhibiting PTSD symptoms, our attorneys can help you navigate the process for making a successful claim for emotional distress. Learn more by calling Shaheen & Gordon at (800) 451-1002 or contact us online for a free personal injury consultation.
