Battle Born Injury Lawyers | September 20, 2022 | Car Accidents
Car accidents can cause severe physical injury. However, being involved in a car accident can also cause significant emotional distress and mental anguish, including anxiety. For some individuals, the anxiety caused by a car crash can last for days, weeks, or even months after the crash.
About one-third of individuals involved in non-fatal car accidents suffer from emotional trauma after the crash. Therefore, you could be entitled to compensation for your damages if you suffer from severe anxiety or emotional distress after a car accident.
Symptoms of Anxiety Disorder and Emotional Distress
After a car accident, a victim might experience anxiety or emotional distress. In many cases, the symptoms subside in a few hours or days. However, some individuals may develop an anxiety disorder or continue to experience severe emotional distress.
Anxiety disorder and emotional distress can interrupt your day-to-day life. The conditions can prevent you from functioning and working. You may experience episodes when you feel like you are not in control of your emotions and feelings.
The symptoms of anxiety disorder can include:
- Problems with concentration
- Issues with sleep, such as insomnia
- Being easily fatigued
- Episodes of irritability
- Feeling on-edge
- Having trouble controlling feelings of worry
- Panic attacks after a car accident
Some individuals may experience physical symptoms of anxiety disorder. For example, they might have chronic headaches, stomachaches, muscle aches, and other unexplained pain. In some cases, a person might develop a panic disorder or PTSD after a car accident because of their anxiety.
Medication, counseling, and therapy can treat anxiety after a car accident. A doctor might prescribe one or more of these treatments. A person might require in-person therapy at a treatment facility or hospital for severe cases.
Can You Claim Damages for Anxiety After a Car Accident in Las Vegas?
Generally, accident victims sustain physical injuries in addition to their anxiety and emotional distress. However, it is possible to develop anxiety disorder without sustaining any physical injuries.
Nevada allows accident victims to sue for negligent inflectional of emotional distress after a car accident. However, these cases are often more challenging and can be more difficult to prove. Therefore, you want to seek legal advice from an experienced Las Vegas car accident lawyer as soon as possible.
Proving Negligent Infliction of Emotional Distress After a Car Accident
- The other driver owed you a legal duty of care – All drivers have a duty of care to obey traffic laws and use reasonable care when operating a motor vehicle.
- The other driver breached their duty of care – For example, the driver failed to yield the right of way or was driving at excessive speeds.
- The breach of duty caused the accident – Had it not been for the driver’s actions, the car crash would not have occurred.
- You sustained damages – Damages can include both economic and non-economic damages.
Can you claim emotional distress after a car accident? Once you prove the elements of a negligence claim, you can pursue compensation for your damages. Because Nevada is an at-fault state, individuals must have liability car insurance.
Your first step is to file an insurance claim with the other driver’s insurance company. The insurance company investigates your claim to determine if its insured is liable for damages.
Insurance companies routinely downplay non-economic damages, including anxiety and emotional distress. As a result, the company might deny your claim. In that event, you may need to file a personal injury lawsuit to pursue the claim in court.
Having a car accident lawyer handle the insurance claim can give you the best chance of settling the claim without a court battle. In addition, injury lawyers understand the laws related to negligent infliction of emotional distress. Therefore, the attorney is better positioned to fight the insurance company for damages.
What Damages Could I Receive for Anxiety Caused by a Car Accident?
If you prove your case, you could receive compensation for your economic damages. Those damages include your lost wages, out-of-pocket expenses, and medical bills. However, you are also entitled to compensation for non-economic damages.
Non-economic damages may include physical pain, emotional distress, and mental anguish. It also includes a decrease in your quality of life and permanent impairments. Anxiety is covered under this category of damages.
The first step is to seek treatment for your injuries, both physical and emotional injuries. You need to document your injuries so that you can prove the car accident caused those injuries. Second, you need to seek legal advice as soon as possible to protect your right to fair compensation for your damages.
Contact the Las Vegas Car Accident Attorneys at Battle Born Injury Lawyers Today
If you or a loved one were injured in an accident in Las Vegas and you need legal assistance, contact our car accident attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.