Can I Claim Mental Anguish and Emotional Distress After a Semi-Truck Accident?
On average, a fully loaded semi-truck can weigh up to 80,000 pounds. This is nearly twenty times the weight of the average car. When you are in an accident with a semi-truck, you will likely sustain very serious physical injuries.
Even if you can recover from these injuries with time, many people don’t realize the mental and emotional toll that a semi-truck accident can take on you. Contact a truck accident attorney to find out how to seek compensation for the mental and emotional impact of your accident and your physical injuries.
What are Mental Anguish and Emotional Distress?
Mental Anguish and Emotional distress are legal terms that reference the mental and emotional trauma victims experience after events like semi-truck accidents. You may experience mental anguish and emotional distress from the event itself or the injuries you sustain afterward.
Mental Anguish and Emotional distress might involve a medical diagnosis of anxiety, depression, or post-traumatic stress disorder (PTSD). Other symptoms of mental anguish and emotional distress can include:
- Loss of sleep or insomnia
- Loss of enjoyment or quality of life
- Feelings of shame or embarrassment
- Feelings of hopelessness
- Changes in appetite and mood
- Unusual anxiety while driving, or even as a passenger, in a vehicle
Mental Anguish and emotional distress can look different for everyone. Experiencing these feelings after a truck or car accident is common, and truck accident attorneys can help you file a claim for this intangible loss.
Can I File a Claim for Mental Anguish and Emotional Distress After a Semi-Truck Hits My Car?
Yes, you can file a claim for mental anguish and emotional distress after a semi-truck accident. In personal injury cases, you can collect damages for your economic damages, like medical bills and property damage, and non-economic damages, like emotional distress.
First, you have to determine who the liable party is. In semi-truck accidents, the liable party may include:
- The truck driver
- The truck company
- The truck manufacturer
- The cargo company
In some cases, multiple parties are liable. Depending on the conditions of your accident, you may also be partially at fault. In many states, comparative fault laws allow you to pursue compensation even if you’re partially at fault. In these situations, the court may reduce your recovered damages by your percentage of fault.
Proving Mental Anguish and Emotional Distress After a Semi-Truck Accident
You can use medical bills or evidence from the accident scene to prove a tangible loss. Since mental and emotional damages are intangible, they can be harder to prove. However, that doesn’t mean it’s impossible. Many times the mental and emotional injuries far exceed the physical injuries and may last long after the physical injuries have healed.
Consult a medical professional. Even if they don’t give you an official diagnosis, they can attest to your mental state after the accident. They may even act as an expert witness to speak about the mental and emotional impact of a semi-truck accident.
Documenting your emotional distress can also help your case. Consider keeping a journal, for example. Talk to your friends and family if you’d rather discuss your feelings verbally. They can act as witnesses to your mental anguish and emotional distress.
Finally, contact an attorney. A truck accident attorney has seen cases similar to yours and will know how to approach proving your emotional distress.
Experiencing Emotional Distress After a Semi-Truck Accident? Contact Experienced Truck Accident Attorneys at Fadduol Cluff Hardy & Conaway P.C.
The aftermath of a semi-truck accident can be devastating, but you don’t have to suffer alone. Contact a truck accident attorney at Fadduol Cluff Hardy & Conaway P.C. to file a claim for emotional distress. Start by calling 800-433-2408 for a case review.