Can I claim mental health issues that arise from a car accident?

Woman struggles to drive after mental health issues from a car accident.


Can I claim mental health issues that arise from a car accident?

Home » FAQ » Can I claim mental health issues that arise from a car accident?

Can I claim mental health issues that arise from a car accident?

Woman struggles to drive after mental health issues from a car accident.

Car accidents don’t just cause physical injuries; they can also affect the mental health of those involved. Some victims develop a phobia of cars. Others have intense anxiety or depression as a result of their chronic pain.

No matter what type of mental health issues you’re experiencing from a car accident, a lawyer can help. Mental health issues are a form of emotional damages that you can file a claim for.

Our car accident lawyers are here to help you. Contact us today at (561) 621-4200.

Mental Health Issues From Car Accidents

The trauma of an accident can present itself as a phobia, mental distress, new tic, or another form of distress. Unlike physical trauma that will often heal, mental health issues do not just go away with time. Often, time can exacerbate the symptoms if they are left untreated.

These are the three most common mental health issues from car accidents:

1. Post-Traumatic Stress Disorder (PTSD)

Post-traumatic stress disorder causes the victim to relive their trauma over and over again. Their anxiety peaks as they repeatedly experience the moment of the accident. Over time, it can wrack the body with permanent stress as the individual fears unexpected flashbacks.

Post-traumatic stress disorder changes a person’s daily life. They may not be able to do things as they once did, like driving, shopping, or going to work due to the triggers they now seek to avoid.

Victims will report flashbacks, nightmares, chronic pain, headaches, and suicidal thoughts. These symptoms should be taken very seriously. If you are experiencing any of these, seek medical treatment right away.

2. Anxiety

Anxiety is characterized by a higher than average stress level, panic attacks, and being easily overwhelmed. After being involved in a car accident, victims are on high alert for future accidents. This causes them to be in a heightened state of stress for an extended period, making it difficult for them to complete daily tasks.

Things that they once enjoyed may be impossible to do now thanks to phobias or emotional distress. For example, a new phobia of driving may prevent them from seeing friends.

Be alert for muscle tension, racing heartbeats, headaches, dizziness, trouble sleeping, and chest pains. These are symptoms of anxiety.

3. Depression

Depression or major depressive disorder significantly changes a person’s mood. This mental health issue is often seen after a victim of a car accident experiences intense pain or life-changing injuries. For example, amputees will often experience depression from the trauma of the accident and their inability to cope with their new reality.

If you notice symptoms of depression, it’s important to seek medical attention from a doctor or psychiatrist to begin examining treatment options. Be on alert for extreme fatigue, feeling guilty, suicidal thoughts, an inability to concentrate, sleeping for long periods, and an inability to concentrate.

Can I claim mental health issues as damages in a car accident case?

Yes, you can claim mental health issues as damages in a car accident. Mental health issues often fall under noneconomic damages, a category of damages that refers to emotional rather than financial losses. If you have begun to seek counseling or are prescribed medication for your mental illness, these can be claimed under your financial damages when you file a car accident lawsuit.

Mental health issues can be just as costly as physical health issues. Where physical injuries require lengthy rehabilitation, mental health issues will require extended therapy. Both may require treatment by a doctor, prescription medication, and time off of work to recover.

Our car accident attorneys understand the costliness of caring for your mental health. We believe that every victim of a car accident deserves to get the treatment they need to return to enjoying their life. That’s why we work diligently to prove negligence and recover maximum damages for each of our clients. Call today at (561) 621-4200 to work with us on your car accident case.

Negligent Infliction of Emotional Distress

The legal theory of Negligent Infliction of Emotional Distress (NIED) is applicable when one person acts negligently, negatively impacting the other individual emotionally. The injury is so great that the initial person must compensate the other individual for their suffering. It is one of the arguments that can be used to pursue damages for mental health issues from car accidents.

To qualify for NIED, your case must include one of the following:

  • The defendant’s actions must have had a physical impact, even if it was minor. This can include a car accident collision.
  • The defendant’s negligent actions affected the plaintiff because they were close enough that they were at risk of physical harm.
  • A reasonable person could predict that the defendant’s negligence would have emotionally harmed the plaintiff.

Contact a Compassionate Car Accident Lawyer

We have helped thousands of clients take steps toward recovery by handling the stress of their case for them. Our skilled car accident lawyers work tirelessly to recover the maximum damages for our clients so they can get back to enjoying their life. They don’t have to worry about affording their necessary care when we work on their case.

Call us today at (561) 621-4200.

If you’ve been injured in an accident, it is imperative that you surround yourself with the best legal care as soon as possible.

Fill out the form below to get started for free.

    Follow Us

    • youtube
    • linkedin

    Get in touch

    Call us or fill out one of our web forms to speak with a West Palm Beach auto accident lawyer to get help filing your claim to get the money you’re owed.


    515 N Flagler Dr, Suite 1150
    West Palm Beach, FL 33401

    Phone/Fax Phone:

    (561) 621-4200

    Get a Free Case Evaluation