Proving Emotional Distress in a Texas Car Crash Injury Claim

By Anderson, Cummings & Drawhorn, LLP on August 27, 2021

woman in distress

Sometimes injury victims’ physical ailments manifest into psychological injuries. Sometimes the accident causes serious emotional distress, leading to Post-Traumatic Stress Disorder.

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Proving that you suffered a psychological injury may be more complicated than proving you were injured physically, so it is important that you speak to one of our experienced car crash attorneys in Fort Worth. We are ready to help you through the process of filing a claim and proving your emotional distress.

We offer a free consultation to discuss the facts of your claim and charge you nothing while we work on your case. There is no risk to you.

Keep Track of Injuries with a Journal

While most injury cases settle out of court, it is important to always be prepared to go to court. This includes being prepared to testify before a jury about the accident and your physical and emotional injuries.

Since going to court may take months, and your injuries or emotional issues may have healed or significantly improved compared to how you felt immediately after the accident, it is important that you keep track of how you feel physically and emotionally throughout the recovery process. One of the more efficient ways to do this is to keep an injury journal. In this journal you may be able to track:

  • Pain levels throughout your recovery process
  • Treatments that helped improve your ailments
  • Activities that may help or hurt your injuries
  • How you feel emotionally each day

Keeping an injury journal may help you to recount how you felt physically and emotionally through your recovery process.

Seek Counseling for a Diagnosis

Although describing your recovery process in your own words with an injury journal may be helpful, it is important to note that an official diagnosis from a medical professional is also very important.

Just as you should seek immediate medical attention for your physical injuries, it is important to seek counseling from a licensed psychologist who may be able to diagnose and help treat your emotional distress.

For example, a licensed psychologist may be able to determine whether you now suffer from Post-Traumatic Stress Disorder (PTSD). A diagnosis of this kind may help bolster your case for recovering a significant amount in pain and suffering damages.

There are some instances when an injury victim may be able to recover compensation for pain and suffering while only having experienced anxiety or other mild emotional distress due to the stress caused by the aftermath of an accident. This may include the stress of needing to take time off work, buying a new car, dealing with the insurance companies and more.

While mild emotional distress may be worth less than a claim for PTSD, it is still worth pursuing.

Evidence of Physical Injuries May Help Supplement Pain and Suffering Claims

Remember that Texas accident victims may only be able to recover pain and suffering damages if they also suffered a physical injury. Therefore, it is important that part of your emotional distress claim include evidence of your physical injuries.

Sometimes, physical injuries may also manifest into psychological injuries, and vice versa. For example, a person who suffers a spinal injury and is left paralyzed may experience serious emotional distress due to a drastic change in lifestyle.

Speak to a Licensed Attorney. Call Us Today

If you were injured due to someone else’s negligence, and now you are experiencing emotional distress, you may be able to pursue compensation for your pain and suffering.

Our attorneys have over 50 years of combined experience helping injury victims recover the compensation they need for medical bills, lost wages, and pain and suffering.

We are prepared to help you prove your injuries, both emotional and physical, and help you build your case to get the liable insurance company to pay the compensation you need.

Call us today at (817) 920-9000 for a free consultation.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.

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