Can You Sue for Anxiety After a Car Accident in Pennsylvania?
Suffering a devastating injury in a car accident can have long-lasting consequences in a person’s life. Dealing with the stress and the emotional distress a car crash can cause could affect every aspect of your life. Injuries resulting from a car crash can be stressful and challenging to deal with – both mentally and physically. In personal injury cases, victims can receive compensation for non-economic damages such as pain and suffering. However, can a personal injury victim claim compensation for anxiety after a car crash? Our Philadelphia car accident lawyers at The Reiff Law Firm invite you to read on as we explain whether you can recover damages for anxiety after a car accident.
What Kind of Damages Can I Recover from a Car Accident?
There are different kinds of car accident damages that injury victims can recover after a crash. Some of the most common damages a person can recover from a car accident include, but are not limited to, the following:
Damages for medical expenses are among the most common type of compensation injury victims seek in a personal injury claim. While in some cases, accident victims might experience minor cuts and bruises – which can be easily treatable – others may not have the same luck. In more severe car crashes a person can sustain severe head and brain injuries, or face back and spine injuries which could render them paralyzed or paraplegic. Severe injuries often require costly medical treatment, which can pile up over time.
Sustaining yourself or your family members after a car accident can become increasingly difficult. This is especially true for car crash victims who cannot return to work because of their injuries. That is why most people file a personal injury claim against the at-fault party in an attempt to recover damages for their loss of wages.
Loss of Consortium or Companionship
Showing affection to your partner or spouse – including sexual activity – can be adversely affected after an injury. Usually, this type of claim is filed by the uninjured spouse. Unfortunately, there are times where injured motorists lose their lives in a car crash. Family members of a wrongful death victim can file a claim against the at-fault party for loss of companionship.
Finally, if a defendant’s actions are found to be egregious, a claimant could be awarded punitive damages. Punitive damages are awarded to punish the wrongdoer for their behavior while preventing others from doing similar things in the future.
Can I File a Claim Against an At-Fault Party for Anxiety?
In Pennsylvania, things like stress and anxiety fall under the category of non-economic damages. Non-economic damages, as opposed to economic ones, are very difficult to quantify. Generally, a jury is in charge of determining how much is your pain and suffering worth. The panel will consider various factors to award non-economic damages. Some of the elements a jury will discuss in a personal injury claim include the following:
- The extent and severity of your injuries,
- Mental and physical pain and suffering,
- Your ability to perform everyday tasks, and more.
Since the jury considers mental and physical pain and suffering, anxiety could fall under general non-economic damages. However, is not enough to simply claim you suffer from anxiety; you must also prove your anxiety to receive compensation. For instance, a proper medical diagnosis of anxiety or another condition becomes part of your medical records which can be used in court to prove you suffer from the condition. Obtaining adequate documentation to show you suffered distress as a result of your car crash is essential to win your claim.
After an accident, the at-fault party or their insurance company might make you an offer for your injuries. Often, the offer made by the wrongdoers is nothing compared to what you would otherwise obtain in a personal injury claim. Make sure you consult with an experienced car accident injury lawyer to understand what your case is worth.
Philadelphia Personal Injury Attorneys Representing Car Crash Injury Victims
There is no telling when and where a car accident may happen. An unexpected car crash can cause severe injuries that not only affect the victims but their family as well. Dealing with debilitating injuries can place a person under duress, discomfort, and stress. With more than 90 years of combined experience, our Philadelphia personal injury lawyers can help hold the wrongdoers responsible for your injuries.
Let us fight to obtain the compensation you are entitled while you focus on recovering from your injuries. To schedule a free, confidential consultation with one of our Allentown car accident lawyers, call The Reiff Law Firm today at (215) 709-6940.