Coughlin & Gerhart LLP

Building Relationships on Results

Proving emotional distress after car accidents can be challenging

On Behalf of | Jun 24, 2019 | Car Accidents

Anyone in New York who has been the victim of a serious auto crash will know the adverse affect the emotional distress can cause. Victims of New York car accidents suffer the psychological consequences long after physical injuries have healed. But how do they prove invisible injuries that could be more damaging than fractured bones or other physical injuries to the court during a personal injury lawsuit?

When the court looks at an emotional distress claim, the intensity of the mental anguish distress that accompanies specific bodily injuries suffered in an accident will be evaluated. The expected duration of the suffering is an important consideration. Furthermore, proof of headaches, ulcers, or other physical problems caused by the anguish could help to prove that emotional distress is present.

The more traumatic the incident that caused the distress, the more likely it will be for the court to award compensation. Such trauma can be the underlying cause, rather than the shock of being in a rear-end crash with no resulting physical injuries. Having documents and reports from doctors and therapists to support these claims might help to convince the court that the claims of emotional distress are justified.

Victims of car accidents that resulted from the negligence of others are entitled to pursue claims for financial relief through the civil justice system of New York. Navigating ensuing legal proceedings can be challenging because this is a complicated field of the law. This is where the skills of an attorney with experience in personal injury claims are invaluable. Legal counsel can provide support and guidance with every step along the way.


FindLaw Network