If you were involved in a car accident in Fresno, California, but did not suffer any injuries, you can still sue the at-fault party. You can file a property damage claim, or you can also opt for filing a negligent infliction of emotional distress claim if you sustained severe emotional distress because of the accident.
Car accidents, even those without physical injuries, can have significant emotional and psychological repercussions. These effects can be far-reaching and enduring, impacting various aspects of an individual’s life, from their mental health to their daily routines, work productivity, and personal relationships.
In California, the law recognizes these impacts, allowing victims to seek damages for emotional distress suffered due to car accidents. You should contact a Fresno Car Accident Lawyer and have your case reviewed to see exactly how to proceed and if you can recover any damages for your emotional distress. Here is what you should know!
Car Accidents With No Injuries in California
Source: hi-techcarcare.com
Some car accidents don’t result in injuries, but you have to be sure that you weren’t injured. After a car accident, have a medical check-up to eliminate any doubt of whether or not you sustained injuries.
If indeed you weren’t injured, you can still recover monetary compensation from the at-fault party and their insurance company. The good news is that most property damage claims are settled outside of court, so you won’t have to deal with a lawsuit on your hands.
If the insurance company denies liability, a lawsuit is the best way to recover the damages you are owed. If you want to take your case to court regardless of how minor the damage to your vehicle is, then it’s best to first consult with your lawyer because it might not be worth filing a lawsuit.
Apart from property damage, you can also receive compensation for your emotional trauma if you didn’t sustain physical injuries in a car accident. When it comes to emotional distress, you can sue for some of the following reasons:
Anxiety or Fear
One of the most common psychological effects of a car accident is anxiety or fear. This can manifest in numerous ways, from a general sense of unease to full-blown panic attacks when reminded of the incident or when simply being in a car.
Such anxiety can have serious consequences on a person’s day-to-day activities. It can lead to an avoidance of driving or even riding in vehicles, disrupting not just their personal life but also their ability to work if driving is an essential part of their job.
Mental Anguish
Mental anguish is another potential aftermath of car accidents without physical injuries. The distress caused by the traumatic event can lead to symptoms such as persistent mood swings, irritability, and feelings of hopelessness.
These symptoms can, in turn, impact a person’s social relationships and overall quality of life. Moreover, they might affect a person’s capacity to work effectively, potentially leading to job loss or reduced earning capacity.
Source: boddenbennettlaw.com
Flashbacks or PTSD
The experience of a car accident can also result in post-traumatic stress disorder (PTSD). Symptoms of PTSD can range from flashbacks of the incident, severe anxiety, unwelcome recurring distressing images, and physical sensations such as nausea, sweating, or trembling.
PTSD can severely impede a person’s normal functioning and may require long-term therapy and medical treatment.
Sleep Disturbances or Emotional Trauma
Additionally, sleep disturbances or emotional trauma related to the accident can disrupt the victim’s normal life. The inability to sleep can lead to fatigue, difficulty concentrating, and other health issues. Emotional trauma can manifest in various ways such as depression, anxiety, and mood disorders, which might require psychological counseling and treatment.
Emotional distress is often linked with physical injuries. Still, since you didn’t sustain any, you will need to prove that the emotional distress was great enough, even without any physical injury present. In California, if these psychological impacts are a direct result of a car accident, victims are entitled to seek compensation.
This falls under the category of ‘pain and suffering,’ which is non-economic damage. Calculating these damages can be complex since they don’t have a set monetary value like medical bills or lost wages.
Proving Emotional Distress in Car Accidents Without Physical Injuries
Source: flattmannlaw.com
To prove that you suffered emotional distress due to your car accident, even though you didn’t have any physical injuries, you have to do the following:
- Prove that the other driver was negligent
- Due to the accident, you sustained serious emotional distress
- The other driver’s negligence is the cause of your emotional trauma
Proving that you suffered severe emotional distress without any injuries in a car accident is difficult, and you will need a personal injury lawyer by your side to be successful. You can prove this in several ways, and other experts might be necessary to evaluate you and document your symptoms.
Furthermore, to claim these damages, it’s usually necessary to have substantial evidence proving the emotional distress suffered. This can include testimonies from mental health professionals, results of psychological tests, personal diaries describing daily emotional struggles, and testimonies from family and friends who can vouch for the change in the victim’s behavior post-accident.
Obtaining compensation for these emotional injuries can significantly help the victims cover the costs of therapy and treatment, and potentially provide a sense of justice and closure. While no amount of compensation can erase the trauma, it can provide the necessary resources for the victims to embark on the road to recovery.
Conclusion
In conclusion, car accidents without physical injuries can still lead to severe emotional and psychological harm. In such cases, victims in California have legal avenues to seek compensation. It’s crucial to recognize the debilitating impacts of such emotional injuries and understand the victims’ rights to pursue a claim for their suffering.
The bottom line is, a personal injury lawyer will help you gather evidence, do the paperwork, prove fault, and negotiate a settlement in your favor. In some instances, they might even know a therapist or other field expert to prove your emotional distress claim. Whatever option you choose, what is most important is to act swiftly and initiate your claim as soon as possible.
