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Can I be compensated for emotional distress caused by a wreck?

Sometimes, injuries that you suffer in a car crash aren't just physical, but are mentally or emotionally debilitating as well. The concept of pain and suffering applies to both physical injuries as well as their non-tangible ones that you may suffer in a crash.

If you've suffered persistent and documented distress since your car accident over a prolonged period of time, then you may have a valid reason to allege emotional distress. In order to prove such a claim, though, you'll need to be able to justify that the crash led to your feeling that way.

Those who are afflicted by emotional distress are often plagued by anxiety or anguish, depression, torment, insomnia or humiliation. A car wreck victim who suffers from some of those symptoms may be eligible to file a claim for loss of consortium as well. To do so, you'll need to be able to show that the pain or suffering that you experienced impacted your ability to be either a parent or spouse to your loved ones.

If you plan to speak with a personal injury attorney about your case, he or she will likely ask you for information regarding how long your emotional suffering has lasted and about how inconvenient it's been living with it. Your lawyer may ask you to relate your physical pain to your emotional duress, if applicable, as well. He or she will additionally likely want to see your medical and psychologist records.

Compensation for both pain and suffering is generally only awarded in cases in which a car accident victim is seriously hurt. If you've suffered debilitating injuries in a motor vehicle collision, then a Los Lunas car accident attorney can advise you of your rights to file an injury claim.

Source: FindLaw, "Does pain and suffering include emotional distress?," accessed Dec. 01, 2017

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