31 July, 2023

What Counts as Emotional Distress after an Accident?

If you’ve been injured in an accident that was caused by another driver’s negligence, you can seek compensation for your covered losses, which are called legal damages. These losses include property damage to your vehicle, your medical expenses, your lost income, and your emotional distress, which refers to your physical and emotional pain and suffering. Better understanding of emotional distress can help you with your claim.

If this is the difficult situation you find yourself in, don’t wait to discuss your claim with an experienced Illinois car accident attorney.

The Car Accident

Car accidents tend to come out of nowhere, and they’re often caused by negligence on the part of the other drivers involved, such as distraction, impairment, or excess speed. These accidents tend to be jarring and terrifying, and in addition to any physical injuries you experience, you can suffer emotional setbacks that are difficult to overcome. Even when both drivers walk away from a car accident with no obvious injuries, it’s important to know that some physical injuries take time to develop symptoms and that the signs of emotional distress can sneak up on you.

Your Emotional Distress

Your emotional distress is the psychological pain and suffering you experience in the wake of a frightening car accident that leaves you shaken. This form of legal damage can take many shapes, but the one thing they all have in common is that they drag you down and make it more difficult for you to live the life you’ve created for yourself to the fullest.

Common expressions of emotional distress include:

Sleep disturbances, which can include insomnia and night terrors
Severe mood swings that you have little or no control over
Terrifying accident flashbacks that interfere with your daily life
Fear of getting back behind the wheel of your car
Difficulty concentrating
Loss of interest in the things that once gave you pleasure
Increased anxiety
Depressive episodes

Proving Emotional Distress

While demonstrating your losses in relation to your vehicle, medical bills, and lost wages is fairly straightforward, proving the degree to which you’ve suffered emotional distress can be far more challenging. Obtaining the compensation to which you are entitled, however, is critical to your recovery and well-being, which makes proving your emotional pain and suffering essential. The kind of evidence you’ll turn to includes:

Your medical reports and your doctor’s input on the matter
Evidence of any appointments with a mental healthcare professional and their input on your behalf
Testimony from those who know you best, such as family members, close friends, neighbors, coworkers, and your supervisor or boss

If a car accident leaves you with significant emotional distress, proving this category of loss is paramount.

Reach Out to an Experienced Illinois Car Accident Attorney Today

The trusted car accident attorneys at The Horwitz Law Group in Chicago recognize how serious post-accident emotional distress can be and are committed to fiercely advocating for your full and fair compensation. Your recovery is important, so please don’t wait to contact us for a free initial consultation today.

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Testimonials

Great service and a great team, I'm really truly very very satisfied with the outcome of my case, I really appreciate all the work Mr. Duggan and his team have done on my case, I highly recommend him to anyone, great job.

Kelly S.

Jared was AMAZING! I highly recommend his service. He was fast to answer my questions and concerns. I appreciated the fact that he made me feel like I was a priority. He worked diligently to assist me and I am well pleased. Thank you, Jared D… You ROCK!!

Annisha W.

He is absolutely the best lawyer ever !!! Works fast and is always ready

Danny F.

I would like to thank The Horwitz Law Group. Thanks for everything they have done for me. It was a very long case. But they never gave up on me. Anyone that is in need of help, please contact them. Special thanks to Lulu and the best Jared Duggan ❤️. Thanks for everything.

Darlene W.

Type of Case: Mass Transit Accident (Metra) Result: $2.1 million dollars “I was in a Metra Train Accident in September 2005, and I hired Mark Horwitz as my lawyer. My experience with Mark has been wonderful. He’s very considerate. He’s caring. Every time he calls me, the first thing that he says is, how are you feeling and how is your family, and I really, really appreciate that. If I didn’t have Mark Horwitz as my lawyer, I think I’d…

Marie B

Former Chicago Police Officer Type of Injury: Premises Liability Accident Resulting in Below the Knee Amputation Result: $1,400,000.00 “After all my experiences with attorneys, Mark Horwitz was one of the finest attorneys I’ve ever met. He not only was my attorney, he was my friend. He extended himself far more beyond the attorney/client relationship. I couldn’t ask for a better attorney. I couldn’t ask for a better friend. And I would definitely, without question, recommend him to anyone who needs…

Charles B.

Type of Injury: Personal Injury Initial Offer: $50,000.00 Jury Verdict:$1,197,000.00 Johnnie B. W. Jr. was a professional basketball player back in the 1970s. In 2002 while getting off a CTA red line train, the trainman closed the doors on Mr. Williams while he was exiting the train. At the time, Mr. Williams was wearing a backpack that became lodged in the doors. The train began to move and Mr. W. ran along the platform until the train’s speed prevented him…

Johnnie W.

Type of Injury: Personal Injury Final Offer: $75,000.00 Final Judgment: $100,000.00 On October 7, 2007, Ms. Bogan was driving her automobile on Interstate 57 when she noticed a car stopped in one of the moving lanes. When she looked to see what was happening, she saw a man slumped over his steering wheel who was not moving. Being a good Samaritan, Ms. Bogan parked her vehicle in front of the disabled vehicle and got out to see if the driver…

Kimberly B.

Type of Injury: Personal Injury Final Offer: $60,000.00 Final Settlement: $100,000.00 In the summer of 2008, the father of a minor child (whose name is withheld because he is 5 years old) backed over his son while leaving his home. The child had gone under the car to retrieve a Mr. Potato Head doll that had rolled under the car. The father, not knowing his son was under the car, started it and backed down the driveway. Hearing screams, he…

Tanya M.

Type of Injury: Car Accident Final Offer: $60,000.00 Final Judgment: $175,000.00 Rosetta Glover was a passenger in her husband’s car traveling on Martin Luther King Drive. A cab came around their car and made a sudden U turn in front of them causing the accident. Ms. Glover sustained an injury to her shoulder which required an immediate surgery. She hired another Chicago lawyer who obtained a settlement offer from the cab company for $60,000.00 and told Ms. Glover to accept…

Rosetta G.

I wanted to thank for all the work you have done to help me with my situation. I really appreciate you not giving up despite my indecisive attitude in the beginning . I’m glad to have met you and that represented me. You changed my perspective on lawyers and I cannot repay you for the hard work you did in the past year. You made my situation easier and not only do I respect you as the hard working lawyer…

Lamiela P.

My daughter was severely injured in a car accident and I was nervous about finding a personal injury attorney, but from the start, I felt confident with my choice in the Horwitz Law Group. Mark was completely professional, trustworthy, communicative, honest and helpful. He kept my daughter focused throughout her entire recovery, both emotionally and medically. He was extremely attentive and responsive answering each and every question I had in a timely manner and explained everything in laymen terms -…

Steve S.

Case Results

$4,500,000.00

for a young lady who was run over by a private waste hauling company while crossing the street.

$2,100,000.00

for a client injured in a 2005 Metra train derailment case.

$2,300,000.00

for a client whose family was killed by a street sweeper that ran a red light.

$1,400,000.00

for a premises liability accident resulting in below the knee amputation.

$1,200,000.00

for a woman who was hit by a car while crossing the street.

$1,197,000.00

for a client who was injured on the CTA red line train.

$175,000.00

for a client who had lawyers at another law firm trying to settle the accident case for only $60,000.

$100,000.00

for a client who was crushed between two cars nearly severing off her leg.

$100,000.00

for a client whose son was accidentally run over by her husband as he backed out of their driveway.

Tell Us About Your Case

To arrange a free initial consultation with an experienced Illinois injury lawyer complete the e-mail form below.

Blog

What Counts as Emotional Distress after an Accident?

The Car Accident

Your Emotional Distress

Proving Emotional Distress

Reach Out to an Experienced Illinois Car Accident Attorney Today

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Testimonials

Kelly S.

Annisha W.

Danny F.

Darlene W.

Marie B

Charles B.

Johnnie W.

Kimberly B.

Tanya M.

Rosetta G.

Lamiela P.

Steve S.

Case Results

$4,500,000.00

$2,100,000.00

$2,300,000.00

$1,400,000.00

$1,200,000.00

$1,197,000.00

$175,000.00

$100,000.00

$100,000.00

Tell Us About Your Case

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Phone: 312-641-9200

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