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Can I Sue for Emotional Distress After a Car Accident

Our Wichita Legal Team is Here to Serve You

In car accidents and a variety of other types of accidents, injured people who experience serious harm after an accident often sue the responsible party for what is known as “pain and suffering.” This typically refers to the combination of physical injuries and mental anguish that results from life-changing physical damage, such as traumatic brain injuries, amputations, multiple fractures, and so on. Though it is often difficult or impossible to monetize or calculate the emotional and personal consequences of such physical injuries, you may be able to claim emotional distress in your personal injury lawsuit.

Call Hutton & Hutton Law Firm, LLC today at (316) 688-1166 for help with your emotional distress claim.

How Is Emotional Distress Defined?

Legally speaking, emotional distress refers to the mental suffering you experience as a result of an accident caused by someone else’s negligence. This can include embarrassment, anxiety, depression, isolation, and more. Emotional distress differs from pain and suffering in that it does not refer to physical suffering.

Emotional distress claims are evaluated based on whether or not the distress you claim is likely to persist and whether it is medically viable based on your injuries and symptoms. Depending on your case, you may have to have sustained physical injuries from the accident in order to claim emotional distress.

Proving Your Emotional Distress

As in any legal case, the evidence is everything. When filing an emotional distress claim, it is always valuable to have recorded input from a medical professional regarding your mental and physical health, especially as they pertain to your accident and injuries. Be sure to gather as much tangible, physical evidence related to your injuries, including photos, hospital records, and so on.

Once you have been stabilized and received the immediate medical attention you need, the implications of your injury will become more apparent. It is at this point that you and your personal injury attorney can get the ball rolling and begin taking legal action against the person whose negligence caused your suffering. This typically starts with creating and filing a demand letter and sending it to the responsible party’s insurance provider.

However, before taking any legal action to obtain the compensation you deserve, you must connect with an experienced personal injury attorney.

Suing For Emotional Damage? Call (316) 688-1166

At the Hutton & Hutton Law Firm, LLC, we know how to properly litigate a personal injury case—and we also know how to get you the compensation you need in the aftermath of an accident. Our Wichita personal injury attorneys are here to serve you from beginning to end and work with you until your case is resolved.

Reach out to us today and schedule your free consultation with an experienced Wichita lawyer.