Can You Sue for Emotional Trauma After an Accident?

If you’ve been hurt in an accident, you’re likely suffering from more than just physical injuries. Here in Round Rock, our personal injury trial attorneys can help you get the full compensation for all your losses, including what you’ve suffered emotionally. It’s important to have an experienced lawyer on your side, however, as you’ll need to be able to clearly tie your emotional trauma to physical injuries and losses.

Can You Sue for Emotional Trauma After an Accident?

In nearly all cases, you will need to show that you had a physical injury in order to claim any emotional damages. There are some rare exceptions if you were threatened in a particularly egregious manner; i.e., if someone intentionally tried to inflict emotional distress upon you with a threat of violence or by extreme harassment. There are also occasional exceptions if you were forced to watch the serious injury or death of a loved one.

You’ll also need to prove that the emotional trauma you’ve experienced is a foreseeable consequence of what happened to you or directly link it to the event and show that you have sought treatment and have documentable symptoms. According to the Texas Civil Practice & Remedies Code, in order to qualify, your mental anguish must also reach a relatively high degree. You must be able to prove that it has caused a real disruption in your daily routine. It can’t just be the normal amount of sadness or worry a person typically feels in the course of dealing with difficult things in life.

How to Prove Your Case

To prove your case, you’ll first want to show what physical suffering you’ve undergone, since proof of your physical suffering will go a long way towards showing that your mental anguish is a natural result. To prove your pain and suffering, you will need testimony from loved ones or friends about changes in your behavior; your own statements detailing how these changes have impacted your life; a diagnosis from a mental health professional; a psychological evaluation or records from therapy; and any prescriptions you have for treatment medications, such as antidepressants.

What You Can Recover

If you’re able to prove that you have suffered emotional distress, there are several types of compensation you can claim. One is the well-known “pain and suffering.” You can also claim for loss of enjoyment of life if you cannot do things that you once enjoyed due to your injury, such as engaging in a hobby or spending time with loved ones. You can also claim compensation for emotional trauma if you’ve been disfigured.

Talk to Round Rock Personal Injury Trial Attorneys Now

It’s not easy to prove emotional distress, but an experienced lawyer can help you understand what to claim and prove what really happened to you. Contact Shaw Cowart Attorneys at Law LLP in Austin, TX today to get help in Round Rock and many other areas, including San Antonio, Austin, Kyle, Leander, Houston, San Marcos, Hutto, Cedar Park, and beyond.

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