Auto accidents are one of the country’s leading causes of mortality rates, with both pedestrians and motorists suffering injuries that often impact their daily routines. While the physical implications are visible at first glance, emotional distress often goes unnoticed, making it even more difficult to file for appropriate compensation. If you have had a traumatic experience following an accident, the following guide details some steps that will come in handy for your lawsuit.
Emotional Distress After an Accident
Emotional distress will often manifest differently for every person. But even with this, Las Vegas personal injury attorneys suggest checking for the following signs, allowing you to make a claim when needed:
- Sleep deprivation
- Confused emotions
- Lack of focus
If you struggle with any of the above signs, consider reaching out to personal injury Las Vegas attorneys experts to help you prepare the proper documentation for your claim.
Types of Emotional Distress Lawsuits
Various states have different types of emotional distress lawsuits, with the most common being:
Negligent Infliction of Emotional Distress
This is one of the most common distress lawsuits since most accidents are unintentional. The defendant’s conduct must be proven negligent, leading to a traumatic experience that caused emotional distress. The distress should be directly connected to a physical injury or be so significant that it leads to physical symptoms.
Intentional Infliction of Emotional Distress
For this lawsuit, the defendant’s conduct must be proven to be intentional. In addition to this, the defendant’s actions need to be deemed as reckless, extreme and intolerable. The emotional distress suffered by the other party must also be severe but should not necessarily coincide with bodily injuries.
Who Can File for an Emotional Distress Claim?
An emotional distress claim can be filed by victims of an accident caused by negligent acts. Bystanders can also file a lawsuit, but this will often come with its exceptions, with parties that witnessed the accident required to have family ties with the victim. Close friends are also excluded from filing a claim, as there is no blood or marital relationship with the victim.
How an Attorney Can Help
Proving distress will often be a challenging ordeal for victims and their loved ones, resulting in numerous failures to go through with their lawsuits. Fortunately, Las Vegas personal injury lawyers are professionals in this area, helping you prove your distress in several ways. These include:
Pre-Accident Medical Records
Gathering pre-accident medical records can help you show significant changes after your accident, making for a strong lawsuit. This makes it possible to identify the source of your emotional anguish, providing a straightforward path to your emotional distress.
Severity of Distress
If your distress manifests into physical symptoms, you will likely stand a better chance of receiving compensation. Your lawyer will ensure that you show proof of symptoms such as ulcers, neck and back pain and headaches.
Duration of Emotional Distress
Victims must show that the distress caused is not temporary, resulting in a successful lawsuit. A Las Vegas personal injury lawyer can help you review evidence for this, making it possible to prove the appropriate length of time for your case.
Since medical professionals have the adequate expertise to identify emotional anguish, getting testimonials from a doctor or psychologist will also come in handy. Lawyers can help review if the testimony helps strengthen your case, ensuring that all relevant details are included in your lawsuit proceedings.
The Severity of Traumatic Event
A Las Vegas personal injury attorney can also help you identify the severity of your auto accident, with significant incidences likely to cause emotional disturbances for the victims involved.
Whether you need personal injury attorneys Las Vegas professionals for help with your case or need help figuring out the proper steps to getting compensation for emotional distress, Boyack Law Group is the partner you need. Reach out to us today to help you get a fair settlement for your claims.
Please call Las Vegas Personal Injury Attorney Bryan Boyack at the Boyack Law Group for more info on how we can help. Call now