It is possible to file a claim for depression or emotional distress after a car accident in Fort Lauderdale as a part of your personal injury lawsuit against a negligent driver. Your personal injury protection (PIP) policy does not cover non-economic damages like depression or emotional distress.
Below, we provide further information on the process and how aFort Lauderdale car accident attorney could help.
Psychological Effects of Car Accidents
In addition to physical injuries, victims of car accidents can also suffer emotionally and mentally. Some of the common psychological effects include the following:
- Post-traumatic stress disorder (PTSD)
- Depression
- Anxiety
- Phobia of driving
- Insomnia
- Anger and irritability
In addition, victims could also experience memory problems, loss of motivation, withdrawal, and hypervigilance.
Emotional Trauma Lawsuit in Florida
Under Florida’s no-fault system, drivers must carry and seek compensation for medical bills and lost income through their ownpersonal injury protection (PIP) policy. This policy does not cover you if you feel depressed after a car accident.
Known as the Impact Rule, to seek compensation for emotional distress or PTSD after a car accident, you must have a physical injury that meets theserious injury threshold, which allows you to file a lawsuit. You must also have medical evidence that links your physical injury to your mental health after the car crash.
Exceptions to the Impact Rule
There are exceptions to the impact rule that the courts recognize, such as:
- Intentional misconduct, such as assault, battery, and harassment
- Witnessing a violent or catastrophic injury or death of a family member
- Mishandling of a loved one’s remains
- Physical injuries resulting from emotional trauma, such as a heart attack
- Breach of patient care or confidentiality
- Consumption of contaminated food or drink
Under these conditions, it is possible to seek compensation without suffering a physical injury.
Medical Evidence Is Key to Emotional Distress Claims
Whether you have a physical injury or not, a claim for depression or emotional distress following a car accident in Fort Lauderdale will require medical evidence. Evidence typically includes the following:
- Medical and therapy records, which include diagnoses, treatment plans, and medications
- Personal journals or diaries documenting your depression, anxiety, or life changes
- Statements from friends and family regarding your emotional state
- Expert testimony from mental health professionals
This evidence would be in conjunction with:
- Police report
- Photos of the accident scene, injuries, and vehicle damage
- Surveillance footage, CCTV, traffic cameras, and dash cams
- Witness statements
In addition to mental health professionals, we may also consult with accident reconstruction specialists and financial advisors.
You Must Also Consider the Deadlines in Your Car Accident Case
It is also important that we begin your case before the statute of limitations expires. UnderFlorida Statutes § 95.11, you typically have two years from the accident to file a personal injury lawsuit. If you miss this deadline, the Broward County courts will bar your case. You will be unable to seek a court award for your losses, including damages for emotional distress and depression, regardless of how strong your evidence is.
What You Can Do to Aid in Your Car Accident Claim
Following your car accident in Fort Lauderdale, there are things you can do to improve your chances and strengthen your case. We advise clients to always do the following:
- Ensure your safety: Make sure you are no longer in danger. Move to the side of the road if possible and then check yourself and your passengers for injuries.
- Call 911: Either you or another person should contact local law enforcement. When they arrive, cooperate with them fully and request a copy of the policy report.
- Document the accident scene: While you wait for the police, take pictures of the vehicle damage, your injuries, and the surrounding area. Take note of any cameras present, as well as anything that could have contributed to the accident.
- Exchange information: Politely ask to exchange contact and insurance information with the driver. If there are any witnesses, ask for their contact information as well.
- See a doctor as soon as possible: It is imperative that you see a doctor immediately. They can test you for injuries and start a paper trail for your claim.
- Complete your treatment: As important as it is to see a doctor, you must completely follow their treatment plan. Any deviation can be used to undervalue or deny your claim.
- Limit what you say: When speaking with the police, the other driver, witnesses, or even your insurer, be careful of what you say. Stick with just what you know. Don’t speculate, and do not admit fault. We also advise staying off social media until your case is resolved.
Before you speak with any insurance company, we advise consulting a lawyer. Most personal injury law firms offer a free case consultation where they can explain your next steps in seeking fair compensation.
Call for Legal Assistance With Your Emotional Distress Claim After a Fort Lauderdale Car Accident Today
Can you sue for emotional distress after a car accident? Yes, it is possible, but it does require an understanding of case laws and Florida statutes to accomplish. Call the Law Offices of Wolf & Pravato at (844) 643-7200. OurFort Lauderdale personal injury lawyers can help you and your family recover the compensation you need.