Can you sue for emotional distress after a car accident? Generally, you can only file a lawsuit if you end up in an accident that caused you injuries and financial losses. However, your financial compensation for the lawsuit may cover your emotional distress.
You can learn more about the funds available after a collision with a Los Angeles car accident lawyer from our team at the Simmrin Law Group. We’ll go over your situation and provide you with legal advice when you call or complete our online contact form.
When Can You Sue After a Car Accident in California?
You can file a lawsuit after any collision caused by someone else’s negligence as long as the crash caused you financial losses and injuries. A lawyer can review your circumstances after a head-on, rear-end, or side-impact accident to see if you qualify for a lawsuit.
Generally, lawyers look for signs that someone owed you a duty of care, violated that duty, and directly caused your collision. A Los Angeles personal injury lawyer may pursue a case against a drunk, distracted, reckless, or fatigued driver.
For a free legal consultation, call (626) 709-2523
Will a Lawsuit Cover Your Emotional Distress?
Filing a lawsuit can help you get compensation to cover all of the losses you sustained due to an accident, including non-economic losses. These losses include things like emotional distress, mental anguish, and loss of companionship.
If a lawyer proves that someone else caused your collision and the accident resulted in these mental and emotional effects, you may secure this compensation.
In addition, you could receive damages for your:
Medical Bills
Car accidents often cause traumatic brain injuries (TBIs), spinal injuries, broken bones, and other severe health conditions. Filing a lawsuit may help you get compensation for:
- Emergency treatment at the scene of an accident
- Any time spent in a hospital
- Medical assessments and procedures
- Physical therapy appointments and medications
Your lawyer will keep records of your healthcare costs while you focus on your recovery.
Property Damage
Filing a lawsuit may allow you to secure compensation to cover the costs of repairing or replacing your vehicle after an accident.
Lost Pay
You may need time off work to recover after a car accident. Filing a lawsuit can help you get funds for your lost wages, bonuses, and raises. You could get compensation for lost earning potential if the accident caused a disabling condition.
How Much Compensation Do You Get for Emotional Distress Through a Lawsuit?
The funds available for your emotional distress after a car accident will vary. Collisions affect everyone differently. Your lawyer can calculate the value of these damages and include them in your claim.
You can learn more about the value of your claim with a Los Angeles emotional distress lawyer.
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Do You Have to Sue to Get Funds for Emotional Distress?
Many drivers decide to file a lawsuit after an accident. However, you have other options to secure compensation that may work better.
For example, our team often recommends that clients settle with the insurance company. Settling out of court can take away court fees and may allow you to get compensation for your losses more quickly.
We can handle the process of negotiating with insurance agents on your behalf, giving you more time to recover after a collision. If the company doesn’t provide a fair settlement, we may move on to filing a personal injury lawsuit.
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Who Has to Cover Your Emotional Distress?
The individual who caused your car accident should cover the costs associated with your emotional distress in California. Your lawyer will perform a thorough investigation to find the at-fault party.
Our team uses multiple investigative techniques to learn more about car accidents. Depending on your situation, we may:
- Visit the scene of your accident
- Get official statements from all eyewitnesses
- Request a copy of your accident report
- Work with car accident experts
- Look for videos and photos from the accident
In some cases, more than one person is liable for an accident. Therefore, your lawyer may pursue compensation from multiple parties.
How Long Do You Have to Sue for Emotional Distress?
You must file your claim for compensation before the statute of limitations expires in California. Generally, you have a few years to begin a claim to get funds for all your losses, including funds for your emotional distress.
Speak to Us About Suing for Emotional Distress
Can you sue for emotional distress after a car accident in California? Generally, you can include a request for compensation for your emotional pain in your personal injury lawsuit, allowing you to secure compensation for all of your losses.
You can learn more about filing a lawsuit after a collision with our team at the Simmrin Law Group. Call or complete our online contact form to get started.
Call or text (626) 709-2523 or complete a Free Case Evaluation form