Seeking Compensation for Emotional Distress After a Car Accident in South Carolina

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The trauma from a car accident often runs deeper than the surface, leaving people grappling with anxiety, fear, and emotional distress that can stick around for far longer than their physical wounds.

Unfortunately, emotional distress after car accidents often doesnโ€™t show up in medical imaging or test results, making it harder to prove and seek compensation. But just because itโ€™s invisible doesnโ€™t mean it isnโ€™t real.

South Carolina recognizes the mental and emotional pain caused by traumatic events like car accidents. Victims have the right to pursue compensation for their suffering, whether it stems from anxiety, depression, fear of driving, or other related conditions.

At Hunter | Everage, our experienced York car accident lawyers will support you in trying to secure your rightful compensation.

What Is Emotional Distress and How Does It Relate to Car Accidents?

Emotional distress is the psychological pain and suffering that a person experiences as a result of a traumatic event, such as a car accident. While physical injuries are often the most obvious outcome of a collision, the emotional aftermath can be just as serious, even if itโ€™s not immediately visible.

Car accidents are common triggers for emotional distress because they are sudden, violent, and often life-threatening events. For many, being involved in a car accident triggers more than just immediate fear; it can lead to an ongoing emotional struggle.

Emotional distress might manifest as:

  • Anxiety or Fear of Driving: Many people feel scared or anxious about getting behind the wheel again after an accident. Even being a passenger can trigger feelings of panic or worry.
  • Post-Traumatic Stress Disorder (PTSD): Some people relive the accident through flashbacks or nightmares. They may also feel on edge or overly alert as if something bad could happen at any moment.
  • Depression: Itโ€™s not uncommon to feel overwhelmed, sad, or disconnected from life after an accident, especially if your injuries have made everyday activities harder.
  • Sleep Problems: Insomnia, frequent nightmares, or waking up feeling restless are all signs of emotional distress caused by trauma.
  • Avoidance Behaviors: You might find yourself avoiding certain places, roads, or situations that remind you of the accident, even if they are part of your normal routine.
  • Irritability or Mood Swings: Emotional distress can cause unexpected outbursts of anger or frustration, even over small things.

Proving Emotional Distress in a South Carolina Personal Injury Case

The key to proving emotional distress lies in gathering substantial evidence that can demonstrate the extent of your mental suffering. Here are the most effective types of evidence:

ย  ย  ย 1. Medical Records

Any visits to healthcare providers for psychological symptoms following the accident should be documented. This includes visits to your primary care doctor, a psychologist, or a psychiatrist. Records of any prescriptions for medications to treat anxiety, depression, or sleep disorders can also support your claim. These records can detail your diagnosis, the treatment prescribed, and the prognosis.

ย  ย  ย 2. Expert Testimony

A mental health expert can provide insights into how the accident caused or worsened your emotional condition. Their professional opinion can help to illustrate the severity of your emotional distress and its impact on your daily life.

ย  ย  ย 3. Personal Documentation

Keeping a journal can be helpful. Writing down your daily experiences of anxiety, sadness, or other emotional struggles can provide a first-hand account of your suffering. This personal touch can often resonate strongly with juries or during emotional distress car accident settlement negotiations.

ย  ย  ย 4. Witness Statements

Statements from family, friends, or coworkers who have observed changes in your behavior or emotional state since the accident can bolster your case. These observations from close acquaintances can provide a more comprehensive picture of the impact on your life.

How Emotional Distress Is Calculated in Car Accident Settlements

Unlike medical bills or property damage, which come with clear receipts, emotional distress involves mental and emotional sufferingโ€”things that are personal and not easily quantified.

Here are two popular methods courts or insurance companies use to put a dollar amount on emotional distress.

Multiplier Method

This method starts with your economic damages, which are your out-of-pocket costs like medical bills and lost wages. To account for your emotional distress, these tangible costs are multiplied by a number (usually between 1 and 5).

The exact multiplier used can depend on the severity of your emotional distress, the impact it has on your life, and the specific circumstances of your accident. A more severe or traumatic situation typically leads to a higher multiplier.

Per Diem Method

“Per Diem” translates to “per day,” and this approach assigns a daily rate to your suffering. The rate is then multiplied by the number of days you’ve experienced distress since the accident.

Determining a daily rate can be subjective but is often argued based on your particular circumstances. For example, a rate might be tied to your daily earnings, arguing that emotional distress after a car accident has impeded your life as much as your job does.

Why You Need an Attorney to Pursue Emotional Distress Compensation

A car accident attorney understands how to gather the right evidence to support your claim. They will work with medical professionals and experts to show how the accident has affected your mental health. They can also guide you in documenting your experience, ensuring nothing important is left out.

Dealing with insurance companies is another big challenge. Insurers often try to downplay emotional distress claims or offer low settlements. An attorney knows their tactics and will fight to get you fair compensation for the pain youโ€™ve endured.

Hiring a lawyer also means you donโ€™t have to handle the stress of legal paperwork and negotiations. While your attorney focuses on building your case, you can concentrate on what matters mostโ€”your recovery.

Contact an Experienced York Car Accident Lawyer

Pursuing compensation for emotional distress after a car accident requires compelling evidence, skilled negotiation, and a thorough understanding of South Carolina law. Thatโ€™s where we come in. Weโ€™ll work to gather the evidence needed to prove the full extent of your emotional injuries and advocate for a fair settlement.

At Hunter | Everage, we understand the struggles you may be facing. Whether youโ€™re feeling helpless, overwhelmed, or unsure of where to turn, we are here to help. We take pride in standing up for the hard-working individuals who might feel overlooked or unheard.

With more than 35 years of combined legal experience, weโ€™ve successfully handled countless cases for clients across South Carolina. As a Black-owned business, we are committed to our community and to making a difference for those who need it most.

Contact us at 704-377-9157 for a free consultation. We can help you take the first steps toward justice.

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