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If you’ve been injured in an accident caused by a drunk driver, you could be entitled to compensation for a wide range of financial and personal losses you’ve suffered as a result. These losses can include the emotional distress and suffering you experience because of the accident and your injuries. Here’s what you need to know about seeking fair compensation for the emotional turmoil you’ve suffered from the DUI accident.
Understanding Emotional Distress Damages
A person who sustains injuries in a car accident caused by a drunk driver may have the right to seek financial compensation for various expenses or losses they incur due to their injuries. These losses may include emotional distress caused by the accident or the injuries and disabilities the crash victim suffers. A car accident claim can recover compensation for personal losses such as:
- Physical pain and anguish caused by injuries and resulting medical treatment (e.g., post-operative pain)
- Emotional trauma from the accident, such as PTSD, loss of interest in activities, or new phobias
- Anxiety and depression
- Loss of quality of life caused by permanent disabilities or disfigurement/scarring that interferes with one’s ability to participate in or enjoy activities
Proving Emotional Distress in a DUI Case
Proving your right to financial recovery for emotional distress caused by a drunk driving accident may require various kinds of evidence, including:
- Medical records of accident injuries and subsequent treatment and rehabilitation
- Narrative letters from treating physicians describing the effects of a crash victim’s injuries or resulting disabilities
- Psychological evaluations
- Impact statements from an accident victim’s family members, friends, or co-workers
Legal Process for Seeking Emotional Damages
A DUI accident victim may recover compensation for emotional distress by filing claims against the intoxicated driver responsible for the crash. In many cases, compensation will come from the driver’s insurance. An insurance settlement may compensate for all the losses the accident victim could recover from the driver at trial. However, an accident victim may file a lawsuit against the intoxicated driver to seek financial recovery, including when the driver does not have insurance or has insufficient coverage to compensate the injured victim fully.
Challenges in Recovering Emotional Damages
Unfortunately, recovering compensation for emotional trauma or suffering after a DUI accident can prove challenging. One of the most significant challenges is the subjective nature of emotional suffering. Every person will react differently to becoming a victim of a drunk driving accident. Whereas one person may not seem fazed by getting into a traumatic car accident, another person may develop significant emotional trauma, including PTSD or fear of getting into a car after the crash. Furthermore, while one accident victim may display emotional strength while dealing with severe injuries or disabilities, another person may become depressed over the changes in their life caused by their injuries or disabilities.
Recovering compensation for emotional distress may also become complicated if the drunk driver or their insurer tries to shift some of the blame for the accident to the injured party. Georgia’s modified comparative negligence system can reduce an accident victim’s compensation, including for emotional distress, in proportion to their share of fault for a crash.
Maximizing Your Compensation
You can put yourself in the best position to seek financial recovery by taking steps after a drunk driving accident and during your recovery, including:
- Promptly seeking medical treatment and rehabilitation for your injuries
- Seeking mental health treatment if you experience psychological effects from the accident or your injuries, such as PTSD, anxiety, or depression
- Gathering compelling evidence of the emotional strain you experience, including testimony from family, friends, neighbors, and co-workers
- Working with an experienced car accident attorney who can persuasively argue for your right to financial recovery for your emotional harm and loss
Contact a Car Accident Attorney Today
If you’ve been hurt in a car crash caused by a drunk driver, you deserve compensation for all that you’ve suffered as a result, including the emotional trauma and distress you’ve endured due to the accident and your injuries. Contact Joshua E. Palmer Law Firm today for a free initial case review with an experienced car accident attorney to discuss your rights to compensation for your emotional distress after a DUI accident.
