Emotional Distress Claims in Pedestrian Accidents

Navigating emotional distress claims with compassionate and experienced legal counsel: Let Dressie Law Firm show you the path to justice, recovery, and compensation after a pedestrian accident.

Explore the complexities of emotional distress claims in pedestrian accidents with the Dressie Law Firm. Contact us to learn how we can assist in your claim.

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What to Know About Emotional Distress Claims in a Pedestrian Accident

Pedestrians are more likely to suffer severe physical injuries in car accidents. However, all victims suffer varying levels of emotional distress following the accident, regardless of the accident’s severity. If you’re involved in an accident, you are entitled to financial compensation for your damages, including emotional distress.

Dealing with emotional distress claims following a pedestrian accident can be overwhelming, affecting your ability to see through your personal injury lawsuit or claim. The process requires investigating, calculating pain and suffering, negotiating, and dealing with paperwork. Fortunately, experienced personal injury attorneys can handle the entire process for you. Pedestrian accident lawyers offer the legal guidance needed to gather evidence and prove emotional distress.

If you’re dealing with severe emotional distress after an accident, Dressie Law Firm can help. We’re a team of personal injury lawyers experienced in pedestrian accident claims. Contact Dressie Law Firm for experienced legal assistance.

    Understanding Emotional Distress in Pedestrian Accidents

    Emotional distress, also called mental anguish, in personal injury cases falls under pain and suffering. It includes feelings of anxiety, depression, despair, anger, rage, loneliness, and isolation following a traumatic event, such as a motor vehicle accident. Other forms include loss of companionship, enjoyment, mobility, and personal independence.

    Pedestrians are the least protected road users. They don’t have a metal frame around them or wear protective gear like motorcyclists. As such, pedestrian crashes can easily result in severe injuries and fatalities.

    Memory of the pedestrian accident and the injuries suffered often lead to emotional trauma of varying degrees. Sometimes, victims require professional help and assistance to recover mentally and emotionally, pushing their medical bills even higher.

    This is why Georgia law allows victims to seek compensation for emotional distress as part of their pain and suffering damages. An experienced personal injury lawyer can help you calculate your non-economic losses, including pain and suffering.

    How to Prove Emotional Distress?

    Unlike tangible damages and losses, emotional distress can be very difficult to notice, let alone prove. However, if you want to claim compensation, you must be able to convince the at-fault driver’s insurance company or jury of the extent of your physiological trauma post-accident.

    Common evidence used to prove emotional distress in personal injury lawsuits includes the following:

    • Physical Injuries: Any pedestrian accident victim who suffers serious physical injuries can claim emotional distress damages. Medical records can easily prove physical injuries.

    • Expert testimony: You can hire a mental health professional to testify to the mental effects of pedestrian accidents and physical injuries on victims.

    • Witnesses: Friends or family members of the victim can testify about the emotional toll the accident had on you and your family. They can describe your life or character before the accident and how it has changed.

    • Psychological Evaluations: Obtain an expert opinion from a mental health professional about your current mental health and emotional state. Evaluations can reveal serious conditions, such as post-traumatic stress disorder and depression.

    Challenges in Proving Emotional Distress

    Proving emotional distress can be a challenge due to the inherently subjective and intangible nature of these damages. Unlike economic damages like physical injuries, emotional distress is invisible and varies from person to person. Communicating the distress to others can be difficult.

    One way to overcome this challenge is to maintain detailed medical records and other accounts. A physical injury lawyer can help you gather evidence for your case. Evidence may include video footage, witness testimony, expert testimony, and statements from friends and family.

    You can keep a daily journal to outline the emotional struggles and impact on daily life. Evaluations from mental health professionals also provide objective perspectives. Our lawyers at Dressie Law Firm can help you navigate the hurdles of proving your emotional damages.

    Calculating Emotional Distress Damages

    There are two ways to calculate compensation for pain and suffering: the per diem and multiplier methods. In the per diem or per day method, you demand a dollar amount for every day you have to live with pain caused by your accident. The dollar amount is then multiplied by the total number of days you were in pain.

    The multiplier method adds all your existing and future medical expenses and lost wages. The total is then multiplied by a unique multiplier, usually 1.5 to 5, depending on the severity of your injuries and trauma. Some cases require the expert testimony of mental health professionals to validate the emotional trauma.

    Our lawyers at the Dressie Law Firm can provide the representation you need for a fair settlement. We have experienced pedestrian accident lawyers ready to help you calculate emotional distress and maximize compensation. Our lawyers know how to demonstrate the severity of physical injuries and emotional impact to help you get the deserved settlement.

    The Process of Filing an Emotional Distress Claim

    Victims of pedestrian accidents can file a personal injury claim to recover emotional distress along with all other damages sustained. Here are the three basic steps in filing emotional distress claims:

    • Get medical care: Seek medical treatment for all injuries sustained in the accident. Ensure receipts for all medical treatments, psycho-social support, and related bills are kept.
    • Involve an attorney: Contact a pedestrian accident lawyer to gather evidence for your claim. They will calculate your damages and file your claim on your behalf.
    • File a claim with the at-fault driver’s insurance company: You may be required to file your claim within a specified number of days following the accident. Your attorney will include all collected evidence and negotiate for a fair settlement.

    Dressie Law Firm Is Here for You

    Owners and users of motor vehicles have a duty of care towards pedestrians. They have to act with a certain level of caution to avoid accidents and serious injuries. If you’re struck by a negligent driver, getting legal assistance can help you claim fair compensation for all your damages, including emotional distress.

    Compassionate attorneys at Dressie Law Firm can guide your journey to financial recovery. Our client-centered approach, personalized legal strategies, and experienced attorneys can ensure you get maximum compensation.

    Contact us today for a free consultation.

    The Dressie Law Firm Can Help You

    If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is the Dressie Law Firm.

    Contact us today to schedule your free consultation!