Can I sue for emotional distress following an auto accident? Consult an Attorney.
You can sue for emotional distress as part of a personal injury lawsuit after an auto accident. How much you can recover for this non-economic damage depends on many factors, including the severity of your condition, your missed time from work, and the accident’s effect on your quality of life.
Florida is one of many states that does not cap how much you can sue for emotional distress after an auto accident, so there’s no limit on what you can request from the liable party. Based on the circumstances of the crash, this could make up a sizeable part of your case’s value. A car accident lawyer can assess your case’s details and pursue financial compensation.
You Can Sue for Emotional Distress and Other Losses After a Motor Vehicle Accident
You can sue for both economic and non-economic damages following a motor vehicle collision. Your economic damages have concrete dollar values that you can verify using receipts, bills, and other forms of documentation. Your non-economic damages, on the other hand, are more subjective and have values that depend on your case’s facts.
That said, in addition to emotional distress, you could also sue for:
- Property damage expenses, such as the cost of repairing your car
- Medical expenses, including surgeries, medications, doctors’ co-pays, and hospitalization
- Loss of income, tips, bonuses, and employee benefits
- Loss of future earning capacity
- Out-of-pocket expenses, such as temporary transportation expenses
- Loss of enjoyment of life
- Loss of consortium
- Mental anguish
- Punitive damages (if applicable)
You Could Sue for Emotional Pain in a Fatal Auto Accident
If you lost a loved one to a fatal car accident, Florida law allows you to hold the negligent party financially accountable for your losses. In addition to recovering compensation for emotional distress, you could also recover the following types of damages:
- Funeral and burial expenses
- Your loved one’s pain and suffering
- Palliative care, such as hospice
- The cost of replacing or repairing your loved one’s car
You could secure compensation for other losses than those listed here.
How Much Can You Get for Emotional Distress in a Car Accident Lawsuit?
As noted, Florida does not cap how much you can request for non-economic damages in personal injury cases. How much you can recover depends on many unique variables. When you entrust your case to a Miami personal injury lawyer, they can calculate what constitutes a fair settlement offer. They will consider the liable insurance policy, the severity of your condition, and:
- The cost of your financial losses
- The cause of the accident
- Who was involved
- Any allegations of fault
- Your estimated recovery period
- Your missed time from work
What Is Emotional Distress?
There isn’t a law that explicitly outlines what constitutes emotional distress. However, you can recover from this loss if you experience anxiety, depression, post-traumatic stress disorder (PTSD), or any accident-related mental health condition that affects your quality of life.
Emotional distress is sometimes classified under the umbrella of “pain and suffering.” Other times, it’s its compensable damage.
Injured Accident Victims Have a Limited Time Frame to Sue After a Car Accident
Most personal injury cases are resolved through negotiated settlements with insurance companies. However, if this isn’t a possibility in your case, you may have to file a personal injury lawsuit to recover fair compensation. Per Florida Statutes § 95.11, you generally have just two years from the date of your accident (or loved one’s passing) to sue.
Once that period expires, so does your right to recover fair compensation. By entrusting your legal matters to a Fort Lauderdale car accident lawyer, you can rest assured that they’ll file your case on time and put your needs first.
A Personal Injury Attorney Can Sue for Emotional Distress After an Auto Accident
After suffering serious injuries in a motor vehicle collision, you don’t have to handle a personal injury claim alone. The only thing you have to focus on is healing. In the meantime, your Miami car accident lawyer will investigate your car accident’s circumstances and hold the negligent party accountable.
Using Evidence to Prove the Cost of Your Emotional Distress
Your fort Myers car accident lawyer can find and use the following evidence to support the amount you’re requesting from the at-fault party:
- Medical records
- Photos and videos of the accident
- Eyewitness testimony
- Information from your mental health team
Negotiating for What You Need
Most auto accident cases settle before they go to court. So, your West palm beach car accident lawyer could compel fair compensation from the liable insurance company without filing a lawsuit. Negotiating a settlement requires understanding the liable policy, presenting evidence, and fighting for your rights.
You shouldn’t have to handle a complex car accident case on your own. What’s more, you don’t have to. With a lawyer, you can breathe easily knowing that they’re putting your needs first and fighting for every penny you deserve. They can cross-examine witnesses, file your lawsuit within the statute of limitations, and advocate for what you need.
Learn About Suing for Emotional Distress During a Free Consultation
The Law Offices of Wolf & Pravato can guide you through the legal process. With our help, you can sue for more than emotional distress; you can sue for your medical bills, lost income, and pain and suffering. Dial (954) 633-8270 to begin your free legal consultation.