A car accident is a traumatic experience that often leaves more than just physical injuries. The emotional and psychological toll, such as anxiety, depression, and post-traumatic stress disorder (PTSD), can deeply impact a victim’s quality of life. Under Florida law, emotional distress damages are recoverable as part of a personal injury claim, but proving them requires a strategic approach.

At FGB Law, we understand the profound impact emotional distress can have on accident victims and are committed to helping you recover the compensation you deserve. Here’s what you need to know about recovering damages for emotional distress after a car accident.

What Are Emotional Distress Damages?

Emotional distress damages compensate accident victims for the mental and emotional suffering caused by an accident. These damages often stem from:

  • Anxiety: Fear of driving or recurring panic attacks.
  • Depression: Feelings of hopelessness or withdrawal from daily activities.
  • PTSD: Reliving the accident through flashbacks, nightmares, or heightened anxiety.

Why It Matters: Emotional distress can disrupt daily life, relationships, and work, making recovery of these damages critical to your overall healing.

Proving Emotional Distress

Unlike physical injuries, emotional distress isn’t visible, which makes proving it more challenging. Here’s how you can demonstrate the impact of emotional suffering:

Documenting Psychological Symptoms

  • Keep a journal detailing how the accident has affected your mental and emotional well-being.
  • Note changes in your mood, sleeping patterns, or ability to perform daily tasks.

Medical and Psychological Evidence

  • Seek treatment from a mental health professional. Their records and testimony can serve as key evidence.
  • Diagnosis of conditions like PTSD, anxiety, or depression strengthens your claim.

Witness Testimonies

  • Friends, family, and coworkers can provide statements about changes in your behavior or demeanor since the accident.

Expert Testimony

  • Psychologists or psychiatrists can provide professional opinions linking your emotional distress to the accident.

The Legal Basis for Emotional Distress Claims

Florida law allows for the recovery of emotional distress damages in personal injury cases under certain circumstances:

  • Accompanying Physical Injuries: Emotional distress claims are often tied to physical injuries sustained in the accident.
  • Severe Emotional Trauma: In some cases, emotional distress damages can be awarded even without significant physical injuries, but the burden of proof is higher.

Types of Compensation for Emotional Distress

If you successfully prove emotional distress, you may be entitled to:

  • Therapy Costs: Coverage for counseling, therapy, and psychiatric treatment.
  • Loss of Enjoyment of Life: Compensation for how emotional trauma has diminished your ability to enjoy activities.
  • Lost Wages: If emotional distress impacts your ability to work, you can recover lost income.

How FGB Law Can Help

Navigating the complexities of an emotional distress claim requires the support of an experienced legal team. At FGB Law, we:

  • Work with mental health professionals to substantiate your claim.
  • Handle communications with insurance companies to protect your rights.
  • Fight to secure full compensation for the emotional and psychological impact of your accident.

Contact FGB Law for Help with Your Emotional Distress Claim

Emotional distress damages are just as important as physical injury compensation when rebuilding your life after a car accident. Let FGB Law help you recover the justice and compensation you deserve.

Call us today at (941) 979-9010 or complete our online form to schedule your free consultation