Can I claim anxiety from a car accident in my lawsuit?

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anxiety from a car accident

Car accidents can wreak havoc on your mental and physical health. If you are experiencing anxiety about driving since your car accident, get a diagnosis to see if treatment is necessary, and consider filing a lawsuit to claim damages.

When a car accident has a great impact on your mental health, such as having anxiety about driving, you may qualify for compensation through a legal claim. If you were not more than 50% responsible for the car accident, you can sue for general damages, such as mental trauma or mental anguish. The exact legal claim will depend on your symptoms, diagnosis, and ongoing needs.

Car accidents can cause recurring mental health challenges, and the at-fault party should be held responsible. You may choose to file this claim among a few other claims, such as personal property damage, medical expenses, and more.

What to Do About Anxiety From a Car Accident

When you have anxiety about driving after a car accident, there are several things that you can do for your pain and suffering. You can see a doctor, talk to a lawyer, and potentially sue for general damages in a car accident lawsuit.

See a Doctor

When you’re experiencing significant anxiety from a car accident, speak with a doctor about your symptoms. Your doctor may decide to administer treatment, such as a prescription and/or therapy. Upon evaluation, they will determine if any anxiety disorders exist and will document your condition.

You may consider seeing a therapist and discussing your anxiety about driving after a car accident, and sometimes, ongoing support is encouraged. If you decide to take legal action to claim damages against the at-fault party, medical documentation for all treatment and diagnoses is necessary to collect full compensation.

Talk To a Lawyer

After a car accident that leaves you with driving anxiety, consider discussing your case with a lawyer and suing for damages. A lawyer can help you understand the legal path you may take to claim damages and how the claim process works. They can guide you in the right direction to get the compensation you deserve. 

Meeting with a lawyer like Mike Rafi in a free consultation costs you nothing. Most car accident lawyers like Mike won’t charge anything until the case is settled and you have won. 

Sue for General Damages

If you’re unhappy with the insurance’s initial settlement offer for the car accident and you are less than 50% at-fault for the accident, you can sue for damages. If you are 50% or more at-fault, you are not able to recover damages through a lawsuit.

You may decide to take legal action and sue for general damages. Anxiety from a car accident can fall under mental trauma or mental anguish in the category of general damages. General damages are types of mental pain and suffering that one person experiences due to another party’s negligence.

To successfully recover compensation for general damages, you need to prove that the negligence and fault of the other party caused your anxiety and actual harm was done. You must provide strong evidence that meets all of the necessary factors in proving negligence, including:

  • The actor had a duty of care
  • A duty of care was breached
  • Said breach caused the damages
  • Actual loss or damage was suffered

It is difficult to prove negligence alone, so top Atlanta car accident lawyer Mike Rafi is here to help build your case to get the compensation you deserve.

Common Car Accident Damages

In addition to general damages, you may claim compensation for other damages that you’ve experienced from the car accident. Common car accident damages you may decide to sue for include:

  • Vehicle and property damages, such as your car an personal possessions inside
  • Medical expenses due to an injury
  • Noneconomic or general damages, such as mental and emotional pain and suffering
  • Lost wages and future wages – when you are unable to return to work for a certain amount of time due to an injury
  • Wrongful death – when a loved one was killed due to the other driver’s negligence

Just like the anxiety you’re experiencing about driving after your car accident, these damages deserve to be reimbursed in full. Mike can help you figure out exactly which damages you should sue the at-fault party for and what you can expect from the legal process.

Get in Touch with Top Car Accident Lawyer Mike Rafi Today

Whether you have questions about filing a lawsuit or you want to meet with Mike for a free consultation, Rafi Law Firm is here to help. Call Mike today at 404-948-3311 or send a message to get in touch with our team now!

2020-11-18T11:08:42-05:00