Yes, you can claim compensation for psychological or emotional trauma after a car accident. However, Texas law only allows these claims if you suffer physical injuries in the collision or meet the stringent requirements of a qualified bystander.
Also, general emotional distress can be a component of a pain and suffering claim after a person sustains injuries in a car crash that was not their fault. A Dallas car accident lawyer can explain how you could claim emotional trauma after a collision.
Emotional Distress as a Category of Damages in Addition to Physical Injuries After a Car Accident in Texas
If you suffered physical wounds in the collision, you could ask for monetary damages for psychological or emotional trauma in addition to getting your medical bills paid. “Pain and suffering” damages pay money to injured people for the inconvenience, physical discomfort, and emotional distress of the accident and their injuries.
For example, you might worry if you will ever recuperate fully or whether your wounds will be life-changing. You might be anxious about whether you will lose your job when you cannot work because of your injuries. Moreover, you might have bills piling up because you haven’t received a paycheck.
Emotional trauma could also be a separate category of intangible losses. Chronic anxiety or depression could be psychological trauma that develops after a car crash.
Negligent Versus Intentional Infliction of Emotional Distress Under Texas Law
Most emotional distress claims are for negligent infliction of emotional distress (NIED) rather than intentional infliction of emotional distress (IIED). This distinction is critical under Texas Law, as you must tie an NIED claim to physical injury to recover damages.
Intentional emotional distress cases require proving the defendant did something outrageous, like an assault or other crime. In the context of IIED resulting from a Texas car accident, the crash might be the result of road rage.
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‘Bystander’ Claims for Emotional Trauma From a Texas Car Crash
You might not have physical injuries from the collision, but you might qualify for a “bystander” claim for psychological trauma after a motor vehicle accident. The Supreme Court of Texas set forth the elements our state requires to be eligible for bystander emotional trauma damages in U.S.A.A. v. Keith as the following:
- The person seeking damages for emotional trauma was near the physical location of the accident.
- The plaintiff personally witnessed or experienced the accident and “suffered shock” as a direct result of that horrific experience, as opposed to merely being told about the crash.
- The victim and plaintiff shared a close relationship. Witnessing severe or fatal injuries of an acquaintance or stranger usually does not qualify for compensation for bystander emotional trauma.
You must prove all three elements to prevail on a claim for monetary compensation as a bystander to a car crash. Proving only one or two of these factors will not suffice.
Symptoms of Post-Traumatic Stress Disorder (PTSD)
A type of psychological distress that many people who sustained physical injuries in a Texas car accident experience is post-traumatic stress disorder (PTSD). According to the Mayo Clinic, one cause of PTSD is living through an event that involves serious injuries or death. Accidents are on the Mayo Clinic’s list of the most common events that can cause a person to develop PTSD.
Symptoms of PTSD include the following:
- Nightmares
- Extreme anxiety
- Flashbacks
- Uncontrollable thoughts about the event
- Avoidance of people or places that remind one of the initial event
- Memory issues
- A sense of hopelessness
- Sleep disturbances
- Outbursts of anger
PTSD can change a person’s life in multiple ways. For instance, it can be a challenge to maintain relationships or gainful employment when suffering from PSTD.
How to Claim for PTSD in a Car Accident Case
Post-traumatic stress disorder can be an intangible loss you claim along with your medical bills, lost wages, and other damages resulting from physical injuries. A person who has PTSD is at greater risk of developing depression, anxiety, eating disorders, misuse of drugs or alcohol, and suicidal ideation and actions.
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Common Categories of Monetary Damages After a Collision in Texas
If you suffer physical injuries because of a motor vehicle crash in Texas that was someone else’s fault, you might qualify for financial compensation that could include the following categories:
- Medical expenses. Typically, the reasonable cost of the treatment you need for your physical wounds and emotional trauma is recoverable. These can include the ambulance, emergency room, hospitalization, doctor’s visits, prescription drugs, and mental health services.
- Lost income. When your injuries and emotional trauma prevent you from working, you can include your missed paychecks and other regular income in your injury claim.
- Future lost wages. Lingering physical limitations from your wounds or ongoing challenges to work performance from emotional or psychological trauma could decrease the amount of income you can earn.
- Pain and suffering. This category addresses the physical discomfort and general emotional distress of your injuries.
- PTSD, emotional distress, and other intangible losses. Post-traumatic stress disorder caused or worsened by the crash, negligent or intentional infliction of emotional distress, and other intangible losses (e.g., disfigurement and loss of enjoyment of life) fit in this category.
If your close relative did not survive their wounds from a car crash in Texas, we could file a wrongful death claim that seeks additional compensation for the family.
Our Car Accident Lawyers Can Help You Claim Compensation for Your Psychological Trauma
Intangible losses like emotional and psychological trauma can be difficult to prove and quantify. Thus, you might want to work with a car accident attorney who presents evidence of your claim, like medical records, police crash reports, employment records of lost income, and expert witnesses.
Loncar Lyon Jenkins can talk to you about your car accident and your claim for your losses, which might include psychological or emotional trauma. Contact us today to get started. We offer a free, no-obligation initial consultation.