St. Louis Personal Injury Attorneys
Legal Representation You Can Trust
Free ConsultationWhen we experience a car accident, the effects often go beyond broken bones or bruises. Many of us also deal with unseen emotional suffering that can be just as difficult as any physical injury. These emotional scars may include anxiety, fear, or depression following collisions or other motor vehicle accidents.
Car crashes can leave a lasting impact on our mental well-being, making everyday life more challenging. That is why it’s important to understand that a personal injury claim or car accident claim can include seeking compensation for emotional distress. Our support and knowledge help those affected navigate the process and pursue relief for both visible and invisible injuries.
Emotional distress, sometimes called mental anguish, is the psychological pain we may feel after experiencing a personal injury. For example, after a car accident, our emotional responses can include anxiety, sadness, or fear. This distress can result from injuries like concussions, broken bones, whiplash, soft tissue damage, or even paralysis.
Common impacts of emotional distress:
When we need to show that we are suffering from emotional distress after a car accident, it is important to gather and organize strong evidence. Emotional distress is not something that can always be seen, so our proof needs to be clear, thorough, and supported by documentation.
Medical Documentation
Our medical records are key. These show the seriousness of our physical injuries, the treatments, surgeries, or therapies we had, and the toll these injuries take on our lives. This kind of documentation does more than just list injuries—it helps establish the real impact our injuries have on our feelings and mental health.
Financial Records
Dealing with the cost of medical care, medicine, and time off from work can cause stress that adds to our emotional suffering. Records of bills, lost wages, and other expenses help us show the link between financial worries and our distress.
Written Journals and Notes
A personal journal or daily notes about how the accident and injuries affect us helps to record our emotional state over time. Writing about sleep problems, anxiety, sadness, or other symptoms gives a daily account of our struggles.
Expert and Witness Testimony
Medical professionals, therapists, or psychologists can review our situation and explain how our injuries and recovery process could lead to emotional distress. Even family and close friends can give statements or testimony about the changes they have seen in our mood, behavior, and quality of life.
Legal Factors to Remember
Proving emotional distress often involves more than showing we are in pain. We need to show that someone else’s negligence caused the accident. Sometimes, shared fault can affect how much we can recover. Under pure comparative negligence, our compensation may be reduced if we were partly at fault. We also need to file any emotional distress claims before the statute of limitations runs out.
Summary of Key Evidence
| Type of Evidence | Purpose |
|---|---|
| Medical Records | Show severity of injury, treatment, and impact |
| Financial Documents | Prove money-related stress and hardship |
| Journals/Notes | Track daily emotional and physical symptoms |
| Expert Testimony | Back up our claims with professional opinions |
| Witness Statements | Offer observations on our emotional state |
Taking these steps helps us show the real impact of a car accident on our mental and emotional health. For more on proving emotional distress and how the law applies, see this look at emotional distress litigation standards.
When we seek compensation after a car accident, several types of damages may be available. Emotional distress falls under non-economic damages. These include pain and suffering, as well as a loss of enjoyment or quality of life. Non-economic damages do not have a specific dollar amount attached to them, so calculating their value can be challenging.
Economic damages are also considered if we experience physical injuries, property damage, or lost earnings. This includes:
In some unusual cases, punitive damages might be possible. These damages are not about recovering losses. Instead, they serve to punish the person who caused the accident for especially bad behavior. For more on this kind of claim, see discussions about tort liability and emotional distress.
It’s hard to put a price on pain, sadness, or the stress caused by an accident. We may find it difficult to measure emotional distress because it affects each of us in unique ways. An attorney usually helps us figure out the full value of our claim, including emotional suffering, and negotiates with the insurance company for a fair amount.
There is no fixed limit on how much we can receive for emotional distress in a Missouri car accident settlement. Since each case is different, recovery amounts can vary a lot based on the details of our situation.
At OnderLaw, we use our deep experience to help people who have been hurt in accidents caused by someone else’s carelessness. We understand that dealing with insurance coverage, liability coverage, and uninsured motorist coverage can be confusing. That is why we guide our clients every step of the way.
What sets us apart:
If you have questions, we are here to give answers and fight for your best outcome.
If you have gone through emotional pain after a car crash, we can help. Our car accident attorneys and personal injury lawyers are ready to review your case at no cost.
Reach out to us today
For an emotional distress claim to be valid in St. Louis, we need to show that the distress is real and connected to the car accident. This often means proving that the emotional struggle is more than simple stress or worry. In most cases, there must be a direct link between the crash and the emotional harm. Sometimes, physical injuries are also present, but emotional distress can still be claimed even without physical harm in certain situations.
When courts in Missouri evaluate emotional distress damages, they look at several factors, such as: * How serious and long-lasting the emotional effects are * If mental health care was needed * Statements from doctors or therapists * The impact on our daily life and relationships The judge or jury may also compare our case to similar ones to decide a fair amount.
Good documentation can help our claim. Here are ways to keep track: 1. Medical Records: Get copies of notes from mental health professionals. 2. Personal Journal: Write down daily struggles, symptoms, and feelings. 3. Witness Statements: Collect statements from family, friends, or coworkers about changes they have noticed. 4. Prescriptions: Keep records of any medications for anxiety, depression, or sleep issues.
In Missouri, we usually have five years from the date of the accident to file an emotional distress claim. If we wait longer, the court may refuse to hear our case.
Missouri generally does not have caps on damages for emotional distress in car accidents. However, certain cases like medical malpractice have special rules. For typical car accident claims, the amount is based on the evidence and what the jury thinks is fair. For more details about how emotional distress claims can lead to damage awards.
The process usually follows these steps: * Gathering evidence and talking to witnesses * Filing a formal claim in court * Both sides sharing information (discovery) * Possible settlement talks to resolve the case without trial * If not settled, going to trial where a judge or jury decides the outcome We may also need to attend medical exams or provide extra documentation during the process.
