Did you experience mental distress after a car accident in Indianapolis? Indiana laws give you the right to seek compensation for emotional distress. The usual procedure is to include mental distress in your pain and suffering damages.
An Indianapolis car accident lawyer can explain everything to you and help you take the necessary steps. You will need their help because mental distress is not easy to prove. The best way to understand the challenges is to take a closer look at what mental distress is.
Pain and Suffering and Mental Distress through the Eyes of Indiana Auto Accident Attorneys
“Pain and suffering” represents the physical pain and the emotional distress accident victims experience. “Mental distress” is the alternative term for “emotional distress” and “mental anguish.” It occurs when someone’s actions cause anguish, humiliation, anxiety, torment, depression, and insomnia. Headaches do not qualify as emotional distress.
As an Indiana auto accident attorney may explain, knowing you incurred mental distress is not enough. To include it in your compensation claim, you need to be able to prove it.
This involves showing that:
- The distress was serious and long-lasting
- The actions or the negligence of the defendant caused your distress
- The distress was significant for your medical conditions.
In some states, claimants need to support emotional distress claims with proof of physical injuries. Also if you have it, any additional evidence of your physical and emotional suffering will help. However, there are other ways to obtain compensation for mental distress. Here are the most common.
- Proving that its infliction was intentional. Intentionally causing distress to someone qualifies as a tort. As the claimant, you will have to show that the defendant knew or should have known about the distress.
- Proving that the emotional distress was the result of the defendant’s negligence
- Proving mental distress as a consequence of loss of consortium. It means showing that the accident deprived you of married life experiences and benefits.
In order to include mental distress in your compensation claim, you will need relevant evidence. The first step is to document physical injuries. Then, using witnesses, psychological evaluations, and expert testimonies, you document suffering.
Of special importance in documenting mental distress is the demand letter. It should also include complete details regarding your injuries. You should prepare it and send it when your condition is stable, to make sure you cover everything.
Indiana auto accident attorneys know all about preparing demand letters that include emotional distress. They know that, besides the existence of mental distress, you also have to prove its extent.
Your claim and demand letter need to portray:
- The intensity of the mental distress you experienced.
- The duration of the pain you incurred as a result of the accident
- Any forms of bodily harm you incurred during the accident
- The cause of your pain and mental distress
- Your doctor’s note on your psychological symptoms and your overall health condition.
How exactly your compensation claim should look depends on the specifics of your claim. Sometimes, the mental distress is a direct consequence of the accident. Other times, it is the body’s response to the injuries and the trauma. When supported by thorough and relevant documents, mental distress claims can reach huge amounts.
An Indianapolis car accident lawyer will use the case details to determine the best approach. They may dig up case precedents, investigate treatment side effects, and use official case studies. One way or another, they will prove your mental anguish and make sure you receive compensation for it.
To make their work easier and secure a fast and fair compensation, you should contact them early. Indiana laws only give you two years to seek compensation for your car accident injuries. Once the deadline has passed, any recovery efforts will most likely prove useless.
Contact an Indianapolis Car Accident Lawyer to Help With Your Mental Distress Claim!
Car accidents are generally painful and difficult to deal with. When they result in mental distress, the compensation should reflect that. At Rowe & Hamilton, we have made it our mission to help clients receive compensation for mental distress. We can help you too.
The first thing you need to do is call our office at 317-482-7888 and schedule a free case review. Our Indianapolis car accident lawyer will analyze your case details and evaluate your mental distress claim. They will establish a strategy for documenting the claim. They will also follow all the necessary procedures to secure the compensation you deserve. With their help, your worries and distress will come to an end.
