Car accidents result in emotional distress. Even in the case of minor bodily harm or no harm. 

In most jurisdictions, the legal system allows victims to claim compensation for psychological damages. However, such damages are difficult to prove and value. That is only possible with a systematic procedure. 

Below, we will explain the nature of emotional distress claims. This will help you determine whether you qualify for compensation.

What is considered emotional distress?

This term denotes the psychological effects that a traumatic event causes. Some of the common instances include:

• Anxiety
• Depression
• Posttraumatic stress
• Sleeping disorders 
• Fear of driving.

These effects can disrupt your:

• Daily living
• Relationships 
• Work capacity. 

Emotional distress is frequently termed as non-economic damage in legal terms. This is because it has no direct financial equivalent, such as medical expenditures.

When can you claim compensation?

If you can directly associate your symptoms with the accident. This usually involves:

• Demonstrating that a third party was in the wrong
• Showing that their fault was what led to the accident and psychological injuries to you. 

In some cases, emotional distress occurs with physical injuries. This makes claims stronger. However, psychological claims occurring in isolation can still be valid. This depends on the situation and evidence available.

How to prove emotional distress?

Emotional distress is not quantifiable by observable signs, like physical injury. Evidence is essential. The impact can be established with the help of:

• Medical records by the psychologists or psychiatrists
• Therapy notes 
• Prescription of related conditions. 

Your case can also be supported by personal documentation. For example, a journal where you describe your symptoms. 

In some cases, expert testimony may be needed to:

• Clarify the seriousness of your condition
• Explain its long-term consequences. 

This is why you should get legal help after a car accident.

Elements that influence compensation

The compensation depends on a number of factors. These are:

• The intensity of the emotional distress you are experiencing
• The length of your symptoms
• How they have affected your day-to-day life 
• Whether you need to be put on continued treatment or not. 

Courts and insurers also can take into account the impact of the distress on your:

• Working capacity
• Normal performance. 

Medical records are also important in ascertaining the worth of your claim.

Challenges you may face

Emotional distress claims may be hard to substantiate as compared to physical injury claims. The insurance companies can doubt the validity or the severity of your condition. Particularly when you have limited medical evidence. 

Also, any delay in pursuing treatment can undermine your case. The insurers can claim that the distress is not related to the accident.

Why legal guidance matters

Emotional distress claims are complicated. It is a good idea to seek legal assistance. A lawyer may help to:

• Gather the right evidence
• Collaborate with the medical team
• Give a clearly organized claim that fairly represents your experience. 

Legal assistance also enhances your success in negotiating reasonable compensation with insurers.

The final take

Emotional distress can be compensated. But this requires clear evidence and documentation. 

• Get medical care immediately when the symptoms arise. 
• Adhere to prescribed treatment. 
• Record in detail the state of your condition and its impact on everyday life.

These actions will give you a solid foundation to lay your claim.