Can you claim for anxiety after a car accident?

You may seek compensation for anxiety after a car accident as part of your non-economic damages if the anxiety was caused by the crash. In a lot of cases, supporting medical evidence helps establish the extent of these emotional injuries. A San Luis Obispo car accident lawyer may be able to help you recover full compensation through a personal injury lawsuit. Starting with a free consultation at Ernst Law Group, you can determine if you can claim anxiety and other emotional losses after a crash. 

How is anxiety treated in a personal injury claim?

Some anxiety after a car crash is normal, since you’ve been through a traumatic event. However, according to the Mayo Clinic, anxiety disorders can limit your ability to function and maintain your daily life. 

Personal injury claims include economic damages, which are your medical bills, lost wages, property damage, and other tangible losses. Anxiety, panic attacks, Post-Traumatic Stress Disorder (PTSD), and other mental health conditions fall into the non-economic category. 

Insurance companies may dispute or undervalue pain and suffering and other non-economic damages. If a fair settlement cannot be reached, filing a lawsuit may be necessary to pursue full compensation.

What proof do you need for an anxiety claim?

For physical injuries, you can produce scans and treatment records showing how you were hurt. To demonstrate anxiety after a car accident, you’ll need to show medical evidence, including diagnosis, therapy, treatment notes, and prescription records from a mental health professional. 

You can also provide statements from family and friends regarding your state of mind and quality of life. Your attorney may also encourage you to keep a pain journal, documenting your day-to-day feelings and pain levels. Your goal is to make a direct connection between the accident and your emotional distress.

In California, you must demonstrate the four elements of negligence for a personal injury claim. Through high-quality evidence from medical professionals and persuasive arguments, your San Luis Obispo car accident attorney can work to establish the other party’s negligence and secure your compensation. 

What compensation can you recover for anxiety?

A personal injury claim demanding compensation for anxiety and other non-economic damages can be substantial, especially if the impact is long-term and affects your ability to work. You could develop phobias that prevent you from riding in motor vehicles, preventing you from commuting. You may also require extensive therapy and support to overcome your anxiety and other conditions.

As a result, your compensation might include future lost earning potential, payment for your care, and financial acknowledgment of your mental suffering. 

How long do you have to file in California?

According to the California Courts Self-Help Guide, you have only 2 years from the date of your car accident to file a personal injury lawsuit. You can begin negotiating an insurance claim against the at-fault driver right away, but this is not the same as filing a petition against someone in court. 

It’s possible to seek compensation through an auto insurance claim, but if you have significant expenses associated with your pain and suffering, the insurance company may deny paying them. Insurance negotiations can take a long time, chipping away at the deadline for filing your civil claim. A skilled San Luis Obispo car accident attorney will take action quickly by preparing your case for trial during negotiations, letting the company know you mean business. 

Let Ernst Law Group help you move forward

After a car accident, you can claim for anxiety, chronic pain, depression, and more. A crash affects your life long after your physical injuries heal, especially if you’re permanently disabled. Adjusting to a new way of life with mental health conditions can be difficult, and you should not have to pay for the consequences of another person’s bad choices. 

At Ernst Law Group, a San Luis Obispo car accident lawyer will discuss what happened and provide their best advice during a free case review. Take the time to strengthen your case now when you contact us by calling (805) 541-0300 today.