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Emotional distress and pain and suffering

On Behalf of | Sep 14, 2018 | Car Accidents |

Automobile accidents can have devastating effects. Whether it is a serious head-on collision, a side crash or a fender bender, any type of car accident could result in a person suffering injuries. While some injuries are more tragic than other, not all injuries are physical. In some cases, the most severe injuries are emotional.

For the most part, physical injuries can be partially or completely recoverable. While physical pain accounts for the vast majority of pain and suffering an accident victim suffers, there are some noneconomic damages that can cause much pain and suffering.

Emotional distress in a damage that could be awarded in cases where there are severe injuries. This is also referred to mental anguish, which is when a person suffers mental harm, such as anguish, humiliation, torment, anxiety, insomnia and depression as the result of a serious car accident.

In order to have a successful claim for emotional distress, three things must be proven. First, the distress must be more than fleeting. Second, the conduct of the defendant must have caused the distress, and third, the distress must be considered medically significant. In some cases, a victim must prove the physical injuries related to the emotional distress suffered – that the car accident and its aftermath is the primary reason for the ongoing mental pain and suffering.

A serious can accident can leave a victim suffering much pain. In these matters, it is important to explore your rights and what options you might have. This typically means seeking compensation to address these losses through a personal injury action.