Can You Sue for Emotional Distress After a Car Accident?

Walking away from a car crash without any major injuries doesn’t necessarily mean you don’t need a car accident lawyer in Wichita, KS. Collisions can be traumatic for everyone involved and leave victims with a heavy emotional burden. You might be wondering, “Can I sue for emotional distress after a car accident?”

Our team at Larry Wall Trial Law is here to explain the answer. Learn your options following a collision so you can better cope with the aftermath. 

What Are Emotional Distress Claims Regarding Motor Vehicle Crashes?

When someone receives an accident settlement payout, many of the costs may pertain to treating their physical injuries or replacing damaged property. However, victims can also recover non-economic pain and suffering damages for their emotional distress. 

This refers to the psychological trauma they experience due to the collision. Not everyone has the same trauma response, but common symptoms include anxiety and depression. Some people may not be able to shake the memory of the event and become diagnosed with post-traumatic stress disorder. 

All of these symptoms prevent someone from living a fulfilling life. Depression may lead to a loss of enjoyment in everyday activities, while anxious feelings about entering a vehicle may lead to panic attacks. Many people cite emotional suffering in accident cases and recover damages for their hardships.

What Makes a Strong Case for Emotional Distress Damages?

Ask an attorney, “Can I sue for emotional distress after a car accident?” and they’ll tell you that yes, you can and should seek legal compensation. But how can you strengthen your case? 

Medical documentation remains essential for supporting these claims. Treating physicians and therapists can attest to the suffering you experience and whether your symptoms stemmed from the crash. Long-term effects also build a stronger case and cause attorneys to negotiate for higher settlement payouts for your pain and suffering. 

Factors Impacting Car Accident Settlement Amounts

Say you agree to settle with an insurance company for your personal injury. The amount of compensation you receive ultimately boils down to the following:

• Economic damages: Insurers often cover accident-related medical costs along with property damage expenses and lost wages.
• Emotional suffering: Attorneys gather evidence on your behalf highlighting how the defendant’s actions have impacted your mental health. 
• Negligence liability: You may receive a reduced payout if insurers find you partially at fault for the crash. However, Kansas prohibits drivers from receiving financial compensation in a personal injury suit if they bear a majority (51% or more) of the fault. 

Consult Our Seasoned Personal Injury Lawyers and Build Your Case Today

Can you sue for emotional distress after a car accident? What type of compensation is available for Kansas car accidents? At Larry Wall Trial Law, we can answer these questions and more. 

Our firm has over 40 years of experience and a proven track record in recovering damages for our clients. Speak to one of our compassionate attorneys if you’re dealing with physical or emotional pain after a car crash. Call (316) 265-6000 to schedule a complimentary consultation.