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Home LAW

Claiming and Proving Emotional Distress after Car Accidents

by Zain Liaquat
November 21, 2022
in LAW
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personal injury lawyer
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In the event of an injury resulting from car accidents, you can get justice from personal injury law. It is important to know your rights and what to do in order to get the compensation you deserve.You might have been hurt in ways that aren’t obvious right away, or your injuries, like emotional distress, might not be as bad as they look. In either case, you must seek medical attention and speak with an attorney who can help you navigate through this difficult time.An “emotional distress claim” is a legal term for the harm caused by witnessing or experiencing a traumatic event like car accidents. In many  personal injury lawsuits, emotional distress claims are made in conjunction with other types of claims, such as personal injury or medical malpractice.If you experience emotional distress after an accident, to make a claim, consult with a personal injury – car accidents lawyer immediately.  Continue reading for more information on how this type of claim works and what your next steps should be.

Proving Negligence in Personal Injury Law – Car Accidents

Table of Contents

  • Proving Negligence in Personal Injury Law – Car Accidents
    • Personal Injury Law – Car Accidents: Proving Emotional Distress
    • Defenses In Cases Of Vehicular Accidents
  • Jiles Law, P.A. for Personal Injury Law – Car Accidents
In states with traditional tort liability rules, a plaintiff can only get money from a defendant if they can prove that the defendant was careless. To prove negligence, which is the basis of most cases, a plaintiff must show that the defendant owed the plaintiff a duty, that the defendant broke that duty, that the breach caused real and direct harm, and that the harm was real.In general, it is the responsibility of all drivers to be careful around other drivers and pedestrians. This duty of care means that you have to drive a car like a smart person in order to keep other people from getting hurt.Driving while drunk, texting or talking on the phone, being tired while driving, putting on makeup while driving, or doing anything else that diverts your attention away from the road or breaks a traffic rule  and it is a breach of duty. Actual and proximate causation has to do with whether or not the breach really caused the accident and whether or not the accident was a likely result of the breach.
You should get the contact and insurance information of the other driver if you are in a car accident. You should also write down the names and addresses of anyone who witnessed the accident and give this information to your lawyer or insurance company.  Even if you think you caused the collision, it’s crucial not to admit it to the other driver, any bystanders, or the other driver’s insurance company representatives.

Personal Injury Law – Car Accidents: Proving Emotional Distress

You may already be aware that if you were physically hurt in a car accident, you might be eligible for financial compensation. But did you realize that a personal injury lawyer can help you to get financial compensation for your emotional harm? Make sure you tell the personal injury lawyer about everything you’ve lost and everything that’s come up because of your accident.A claim is made by a personal injury law – car accidents lawyer for compensation for emotional distress that was either purposefully or inadvertently caused. In other circumstances, if the accident attorney can show that emotional anguish was purposefully caused, you may be eligible for even higher compensation. When a driver with road rage suddenly brakes on a person, this is an example of doing something to hurt their mind on purpose.Your personal injury law – car accidents lawyer will be able to do a better job of putting together your claim if you explain how bad your mental problems are. Any vehicle accident or injury, no matter how little or severe, has the potential to cause some level of emotional suffering.You are more likely to get money if your emotional pain is so bad that it stops you from doing everyday things. For instance, consider whether your post-accident mental state has hindered you from working, taking care of your family, or taking care of yourself.
It can be challenging to demonstrate emotional suffering. Your medical records could be used by your car accidents lawyer to support your claim. If you have sought medical attention, counseling, or any other sort of care for your emotional anguish, let your attorney know about it too. You can also keep a daily track of how much your psychological problems affect your quality of life and how severe they are.

Defenses In Cases Of Vehicular Accidents

There are many ways to protect yourself in a car accident. Each state has its own rules about comparative, modified, or contributory negligence. A plaintiff’s recovery could be limited or stopped by a state’s law.In California, a plaintiff’s recovery is reduced based on to what extent they were to blame, even if they were 99% to blame. A truck driver cuts off a sleepy driver who is weaving between cars. This causes the sleepy driver to crash and get broken bones, cuts, and a torn disc. If a tired driver sues a truck driver, the truck driver may be able to claim “comparative negligence.” Jurors will blame the truck driver, who was sleeping. If the total amount of damage is $100,000 and the truck driver is responsible for 65% of it, the driver can get $65,000.In states with modified comparative negligence, a plaintiff gets less money. 51 percent of bars can be found in Massachusetts and Wisconsin. About 51 percent or more of the plaintiffs who were at fault cannot recover. If they are 50% or less at fault, the award amount goes down. Georgia and Maine both have bars at 50%. People who are 50% or more to blame don’t get any compensation. If a plaintiff is less than 50% at fault, they can get their money back.

Jiles Law, P.A. for Personal Injury Law – Car Accidents

Jiles Law has helped families and individuals in the South Florida area for many years by giving them proper, personal service. Our lawyers are committed to providing the best legal representation possible. Our personal injury law – car accidents lawyers have extensive experience handling vehicular claims.In addition to the cases of Personal Injury Law- Car Accident lawyers, here you get our family law attorneys to help people with divorce, child custody, moving, dividing property, alimony, and other issues. We have also attorneys specializing in social security disability claims. They will help you fully understand the Social Security Disability Insurance (SSDI) program. Send us a message today!
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