Brooke graduated from the University of Richmond School of Law after receiving her undergraduate degree from the University of North Carolina at Chapel Hill. Brooke worked for five years in private practice with a law firm specializing in insurance defense litigation before becoming the trial litigator for Allstate Insurance Company in the metro Richmond area.
A serious car accident can change your life in the blink of an eye.
It’s no secret that car accidents frequently result in significant physical injuries for those involved.
And in turn, these injuries can lead to thousands upon thousands of dollars in expenses for injury victims as they navigate the road toward recovery.
However, beyond physical injuries, many car accident victims also frequently experience severe emotional distress moving forward.
Dealing with the aftermath of a car accident is one of the most complicated and overwhelming things imaginable.
Fortunately, however, you are not in this alone.
If you or a loved one has suffered emotional trauma in connection with your car accident injuries, you may have a legal claim for relief.
Contact River Run Law today to speak with one of our attorneys and see how we can help you recover.
Virginia Car Accident Claims: An Overview
Before getting into the details of suing for emotional distress after a car accident, it’s important to first have a basic understanding of car accident claims.
Use our guide below to learn more about car accident claims in Virginia and how we can help you recover.
Winning a Car Accident Injury and Emotional Distress Case
To win your car accident injury claim, you must be able to prove four elements:
- Duty—someone owed a legal duty of care to drive in a reasonably safe manner while on the road;
- Breach—the same person who owed a duty of care breached that duty by acting in an unreasonable or unsafe manner;
- Causation—the at-fault party’s breach caused the car accident at issue; and
- Damages—you, the victim, suffered actual damages or harm as a result of the accident.
Notably, if even one of these elements is missing, you will not be able to win your claim.
Thus, it is imperative that you have someone in your corner with the experience necessary to give you your best chance at success.
Common Physical Injuries After a Car Accident
Due to the size of and force exerted by motor vehicles, collisions can result in a number of severe injuries.
Common physical injuries that result from car accidents frequently include:
- Traumatic brain injury (TBI);
- Neck, back, and spine injuries;
- Whiplash;
- Bruising, contusions, and other surface injuries;
- Broken and fractured bones;
- Internal bleeding; and
- Paralysis.
In many cases, however, these types of physical injuries suffered can also lead to emotional trauma as a result.
Emotional Distress Injuries
For example, in connection with their physical injuries, a car accident personal injury victim may also suffer from the following types of emotional distress:
- Depression;
- Post-traumatic stress disorder (PTSD);
- Anxiety;
- Sleep deprivation;
- Insomnia;
- Mental anguish; and
- Loss of enjoyment of life.
If you’ve suffered these or other emotional distress injuries as a result of your physical injuries, contact a member of our team today.
So, Is Suing for Emotional Distress After a Car Accident Permitted?
In short, yes, you can seek damages for emotional distress after a car accident. However, winning your car accident emotional distress claim can be extremely difficult.
This is because emotional distress damages are permitted under Virginia law only in certain scenarios.
Specifically, a plaintiff in a legal action can typically only recover emotional distress damages where the emotional distress resulted from actual physical injuries caused by the car accident.
Unfortunately, proving this connection between physical and emotional damages is not always easy.
Your ability to recover emotional distress damages will ultimately depend upon the specific facts and circumstances surrounding your case.
Thus, be sure to speak with a qualified attorney as soon as practicable to discuss your claims and your chances of success.
How an Attorney Can Help With Your Car Accident Emotional Distress Claim
Emotional distress claims are notoriously difficult to prove. However, having an experienced car accident personal injury attorney in your corner can make all the difference.
For example, a lawyer with extensive knowledge of the law and experience navigating similar claims can help you:
- Gather crucial evidence to help support your claim for emotional distress damages;
- Locate potential witnesses to testify on your behalf;
- Obtain relevant medical records to show the full extent of damages you may be able to recover;
- Negotiate potential settlements with opposing parties, their insurers, and legal counsel; and
- In certain circumstances, Take your case all the way to trial when a settlement is not possible.
While you never have to hire an attorney, doing so is often one of the best things you can do for yourself and your case moving forward.
River Run Law: Your Emotional Distress Car Accident Law Firm
When you’re facing emotional trauma in the aftermath of your car accident and you don’t know where to turn, know that River Run Law has the tools, resources, and experience to be an advocate for you.
Our attorneys have been fighting for the rights of injury victims in Virginia for years.
We offer no-cost, no-obligation consultations to all potential clients seeking help.
And in fact, even when you hire us, you will never owe us any legal fees unless and until we are able to recover compensation on your behalf.
Contact us for your free consultation and see how we can help you fight for your rights today.
