Can You Claim Mental Anguish in Florida After a Car Accident?
Car accidents in Florida are unfortunate incidents that occur on a daily basis. They can leave victims reeling as they can cause significant damage and serious personal injuries. If you are involved in a crash, there are many different types of damages you can suffer. In Florida, it’s important to know the criteria for claiming mental anguish in your car accident case.
What Is Mental Anguish?
Mental anguish is also commonly referred to as emotional distress. It is a term that describes a person’s mental state after a traumatic event such as a serious auto accident. Mental anguish refers to the psychological and emotional injuries that can occur after an accident. It’s possible to experience anxiety, depression, and post-traumatic stress disorder or PTSD after you have been involved in a serious car accident.
While physical injuries can gradually heal with or even sometimes without treatment, mental anguish is different. Physical injuries are visible to the eye, which makes them easier to be detected. However, mental anguish is psychological and isn’t easy to spot in everyone. As a result, claiming mental anguish in Florida can often be challenging.
How Can Mental Anguish Affect You?
Mental anguish can significantly affect your psychological and mental health. Claiming emotional distress in Florida means you must prove that you have suffered after being involved in a car accident. Trauma can affect different people in different ways, but you might experience the following side effects with mental anguish:
- Anxiety
- Depression
- Extreme embarrassment
- Extreme humiliation
- Insomnia and other sleep problems
- Fatigue
- Mood swings
- Personality changes
- Stress
- Suicidal thoughts
If you’re experiencing mental anguish after a car accident, your life can be impacted by these symptoms and more. Your everyday life might suffer as a result. You may have difficulty concentrating. You may have difficulty at work or school and might even find that your relationships are affected. If you’re experiencing these side effects, you should immediately seek help and get treatment.
Is It Easy to Get Compensation for Mental Anguish?
You are entitled to compensation for mental anguish if you have suffered physical and emotional injuries after a car accident. However, it’s not always easy to get compensation. This is because of the psychological and emotional aspects of your suffering. It can be challenging proving that you have mental anguish. If you are filing your claim against the at-fault driver’s insurance company, it’s common for an insurance adjuster to deny it due to emotional and psychological injuries being difficult to see.
Additionally, Florida poses a special challenge in cases such as these due to being a no-fault state. If you have sustained injuries that are not immediately obvious, you will have an uphill battle proving your case. By state law, you are also required to carry personal injury protection or PIP coverage with your insurance. As a result, you will have to file a claim through your PIP coverage.
How Can You Prove Mental Anguish After a Car Accident?
Claiming mental anguish in Florida means that you must prove that the car accident left you dealing with emotional, psychological, and mental after-effects. In order to prove that your life has been adversely affected by mental anguish, you must show evidence of the following:
- Ongoing effects: If you have short-lived psychological or mental symptoms, it won’t be enough to prove that your life has been significantly impacted by mental anguish. When your condition is ongoing and affects your everyday life, the court will consider that you are due compensation for mental anguish. If you have seen a psychiatrist or psychologist who can document your condition, it can strengthen your claim.
- Cause and effect: Proving that the car accident was the direct cause of your symptoms is crucial. Many accident victims experience continuous problems such as PTSD that hinder their ability to go on normally to perform their daily activities. For example, you might have constant flashbacks of the car accident and be wary of getting into a car again or might have trouble working. These things would not be issues if not for the accident.
- Physical symptoms: Mental anguish results in certain physical symptoms. You may experience sleep problems, chronic headaches, ulcers, or hair loss, for example. These symptoms can prove that you are experiencing mental anguish as a result of the car accident.
What will the courts consider in your lawsuit?
In order to prove that you have suffered mental anguish as a result of the car accident, certain elements must be in place in the case. The main factor in car accident cases is negligence. In negligence-related cases, the following elements must be in place:
- The at-fault driver had a duty of care while driving and owed that duty to others sharing the road and passengers.
- That duty included obeying the rules of the road, traffic laws, and the legal speed limit.
- The driver breached their duty.
- Breaching that duty directly led to your injuries.
In other words, if you are claiming mental anguish in Florida from a car accident, it must be proven that the other driver behaved negligently while behind the wheel. Many situations result in negligent behavior while driving that can easily lead to a car accident. This might include distracted driving, fatigued driving, speeding, or disregarding the rules of the road.
How Can a Personal Injury Attorney Help You?
If you want to make sure that you have a valid claim for mental anguish, it’s essential to contact an attorney who specializes in car accidents and personal injury. Consulting with an attorney is the best way to ensure that you have all the legal advice and expertise you need to prepare your lawsuit. Your attorney will also protect your rights and make sure you get an amount of compensation that is more than satisfactory for your damages.
Contact the Bodden and Bennett Law Group in Boynton Beach, Florida at your earliest convenience to discuss your case and schedule a free consultation.
