Emotional injury is commonly suffered by accident victims following a car crash. Once you’ve been in a car accident, getting behind the wheel of a car may cause a sense of dread or overwhelming feelings of fear. Emotional damages occur because of the accident itself, the injury, or a combination of both. Particularly if the injury requires prolonged treatment or a long rehabilitative period, depression and other emotional injuries are common.
Common Symptoms of Emotional Injury
People experience emotional pain following a car crash because oftentimes the accident itself is perceived as life-threatening. If someone dies in the accident, those feelings are exacerbated and felt more strongly. Common symptoms of emotional injury include:
- Being very active
- Feeling irritable
- Unable to relax
- Unable to sleep
- Low energy
- Difficulty concentrating
- Feeling upset, angry, confused, tired or helpless
- Being unsociable
- Being depressed
Emotional Distress Damages
In Texas, a person injured in a car accident can recover damages for emotional injuries in a personal injury case. Medical care and treatment from therapy or hospitalization, as well as prescription medicine charges are recoverable just like a doctor’s bill for broken bones following a car crash.
Legally emotional injuries are called emotional distress damages or pain and suffering damages. While the list of emotional injuries is long, the most successful of claims surround multiple symptoms, like anxiety and difficulty sleeping or weight gain or loss and anxiety. If the injuries involve permanent disfigurement, humiliation and being picked on, can be considered emotional distress damages.
Maintain Medical Records
Like all other claims for compensation in a car accident case, the injured person must maintain records of doctors and therapist visits along with prescriptions, if any, addressing these emotional injuries.
How Much Can Be Recovered for Emotional Distress Damages?
Damages are compensation for injuries and can be economic and non-economic, like emotional distress damages. Texas is a modified comparative fault state. That means if the injured person was responsible in whole or part for the car accident, the amount recoverable is reduced by the share of responsibility for the accident the injured party is assessed. If the injured party was over 50% responsible for the car accident, no monies are recoverable for emotional distress and other personal injury damages.
HAVE YOU BEEN INJURED IN A CAR CRASH IN SAN ANTONIO, TEXAS?
If you are suffering from emotional injuries following a car crash, contact the Gamez Injury Lawyers to schedule a free comprehensive case evaluation. The no-cost, no obligation consultation is free. The only fee we charge is a contingency fee, if your case is successful.
For over 44 years, the law firm of Joe A. Gamez has fought diligently for injured victims of serious and tragic car crashes. Contact us for more information and to schedule your case review. We also represent people injured in DWI drunk driver accidents, 18-wheeler accidents, and motorcycle accidents. Hablamos español.