Nassau County Lawyers
Ask the Lawyer: Can I Seek Compensation for Emotional Distress Resulting from the Accident?
In this week’s edition of Ask the Lawyer, Cesar Zuniga, Esq., answers a common question our firm receives from callers and clients.
Question: Can I seek compensation for emotional distress resulting from the accident?
Suffering emotional distress as a result of an accident can be a significant and valid concern. If you have experienced emotional trauma such as anxiety, depression, post-traumatic stress disorder (PTSD), or other psychological injuries, you may wonder if you can seek compensation for these damages. As an accident lawyer, I can provide you with insights into this matter.
Emotional Distress Claims
Yes, you may be able to seek compensation for emotional distress resulting from an accident. Emotional distress falls under the category of non-economic damages, which refers to the intangible losses you may have suffered as a result of the accident. While physical injuries often have visible evidence, emotional distress is not as easily measurable. However, it is a real and valid consequence of an accident that can significantly impact your well-being.
Proving Emotional Distress Claims
Proving emotional distress can be more challenging than establishing physical injuries. It requires sufficient evidence to demonstrate that the accident directly caused your emotional suffering and that it has had a significant impact on your daily life. Here are some key elements that can help support your emotional distress claim:
Documentation: Seek professional help from mental health experts such as therapists, psychologists, or psychiatrists who can assess and document your emotional state. These medical records can serve as vital evidence in establishing the extent of your emotional distress.
Expert Testimony: In some cases, expert testimony may be necessary to support your claim. Mental health professionals can testify and provide their professional opinion on the impact of the accident on your emotional well-being.
Causation: It is essential to establish a clear link between the accident and your emotional distress. Providing evidence that connects the accident’s circumstances, such as the severity of the crash or witnessing traumatic events, to your emotional suffering can strengthen your claim.
Impact on Daily Life: Document how the emotional distress has affected your daily life, including your ability to work, enjoy activities, maintain relationships, and overall quality of life. This can include changes in behavior, loss of sleep, anxiety attacks, or other observable effects.
Legal Assistance for Emotional Distress Claims
Navigating the legal process for emotional distress claims can be complex, as insurance companies often dispute the validity and extent of these damages. Seeking legal representation from an experienced personal injury attorney can greatly enhance your chances of a successful claim. An attorney will help gather the necessary evidence, negotiate with insurance companies, and advocate for your rights to ensure that you receive fair compensation for your emotional distress.
It is important to note that each case is unique, and the success of an emotional distress claim depends on various factors. Consulting with an experienced personal injury attorney is crucial to evaluate the specific details of your case and provide personalized guidance based on the laws in your jurisdiction.
Stay tuned for the next edition of Ask the Lawyer, where we will address more of your legal questions.
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FOR EMPLOYEES. CALL FOR A VIRTUAL OR PHONE CONSULTATION.
FROM GREAT NECK NY
Head west on Baker Hill Rd toward Cambridge Rd
Turn left onto Middle Neck Rd
Turn right onto Melbourne Rd
Turn left onto Wensley Dr
Turn right at the 1st cross street onto NY-25A W
Continue straight to stay on NY-25A W
Destination will be on the right
https://goo.gl/maps/ryf5y58wFyA8ubZd7
FROM GREAT NECK ESTATES
Head west on Baker Hill Rd toward Cambridge Rd
Turn left onto Middle Neck Rd
Turn right onto Melbourne Rd
Turn left onto Wensley Dr
Turn right at the 1st cross street onto NY-25A W
Continue straight to stay on NY-25A W
Destination will be on the right
https://goo.gl/maps/1nvMnvZpdYPy3VceA
FROM LITTLE NECK NY
Head north on 54th Ave toward Thornhill Ave
Turn left onto Marathon Pkwy
Turn right onto NY-25A E/Northern Blvd
Pass by McDonald’s (on the left)
Destination will be on the left
https://goo.gl/maps/TKixLhcZhy4ehtt3A
FROM DOUGLASTON
Head northwest toward Browvale Ln
Exit the traffic circle onto Browvale Ln
Continue straight onto Annadale Ln
Turn left onto Little Neck Pkwy
Turn right onto Pembroke Ave
Turn left onto Westminster Rd
Turn right onto Northern Blvd
Destination will be on the left
https://goo.gl/maps/VJVVRs67G3zXekw6A
FROM UNIVERSITY GARDENS
Head northwest on Merrivale Rd toward Somerset Dr N
Turn right onto Northern Blvd
Destination will be on the left
https://goo.gl/maps/LZPp7NCQavGELrtU6
FROM LAKE SUCCESS
Head north on 54th Ave toward Thornhill Ave
Turn left onto Marathon Pkwy
Turn right onto NY-25A E/Northern Blvd
Pass by McDonald’s (on the left)
Destination will be on the left
https://goo.gl/maps/h18APrp4uahHMGuK6
FROM THOMASTON
Head south on Linden St toward Avalon Rd
Turn left onto Susquehanna Ave
Turn right onto NY-25A W/Northern Blvd
Continue straight onto Northern Blvd
Destination will be on the right
https://goo.gl/maps/RbdUchgMKaHHtd8VA
FROM KINGS POINT
Head southeast on Wildwood Dr toward E Shore Rd
Restricted usage road
Wildwood Dr turns right and becomes Middle Neck Rd
Pass by Dunkin’ (on the right in 1.3 mi)
Turn right onto Melbourne Rd
Turn left onto Wensley Dr
Turn right at the 1st cross street onto NY-25A W
Continue straight to stay on NY-25A W
Destination will be on the right
https://goo.gl/maps/WBSgv8EKaWTaYCAY8
FROM MANHASSET
Head south on Plandome Rd toward Maple Pl
Turn right onto Dennis St
Turn left onto Norgate Rd
Norgate Rd turns right and becomes NY-25A/Northern Blvd W
Continue straight onto Northern Blvd
https://goo.gl/maps/Kzt6y6RWmnfAZAom7
FROM MANHASSET HILLS
Follow Old Courthouse Rd and Executive Dr to New Hyde Park Rd
Head north on Meadowfarm Rd toward Courthouse Rd/Old Courthouse Rd
Turn left onto Courthouse Rd/Old Courthouse Rd
Continue to follow Old Courthouse Rd
Turn left onto Executive Dr
Turn right onto Suburban Gate
Continue on New Hyde Park Rd. Take N Service Rdand Lakeville Rd to NY-25A W
Turn right at the 1st cross street onto New Hyde Park Rd
Use the right lane to turn left onto N Service Rd
Keep right to stay on N Service Rd
Continue onto Horace Harding Blvd
Keep right to stay on Horace Harding Blvd
Turn right onto Lakeville Rd
Turn left onto NY-25A W/Northern Blvd
Continue straight onto NY-25A W
Destination will be on the right
https://goo.gl/maps/y1gW6mtFU7TDkZHG8
FROM MINEOLA NY
Follow Old Courthouse Rd and Executive Dr to New Hyde Park Rd
Head north on Meadowfarm Rd toward Courthouse Rd/Old Courthouse Rd
Turn left onto Courthouse Rd/Old Courthouse Rd
Continue to follow Old Courthouse Rd
Turn left onto Executive Dr
Turn right onto Suburban Gate
Continue on New Hyde Park Rd. Take N Service Rdand Lakeville Rd to NY-25A W
Turn right at the 1st cross street onto New Hyde Park Rd
Use the right lane to turn left onto N Service Rd
Keep right to stay on N Service Rd
Continue onto Horace Harding Blvd
Keep right to stay on Horace Harding Blvd
Turn right onto Lakeville Rd
Turn left onto NY-25A W/Northern Blvd
Continue straight onto NY-25A W
Destination will be on the right
https://goo.gl/maps/CwZ5nPcbrBEN91Gv7
FROM NEW HYDE PARK NY
Follow Old Courthouse Rd and Executive Dr to New Hyde Park Rd
Head north on Meadowfarm Rd toward Courthouse Rd/Old Courthouse Rd
Turn left onto Courthouse Rd/Old Courthouse Rd
Continue to follow Old Courthouse Rd
Turn left onto Executive Dr
Turn right onto Suburban Gate
Continue on New Hyde Park Rd. Take N Service Rdand Lakeville Rd to NY-25A W
Turn right at the 1st cross street onto New Hyde Park Rd
Use the right lane to turn left onto N Service Rd
Keep right to stay on N Service Rd
Continue onto Horace Harding Blvd
Keep right to stay on Horace Harding Blvd
Turn right onto Lakeville Rd
Turn left onto NY-25A W/Northern Blvd
Continue straight onto NY-25A W
Destination will be on the right
https://goo.gl/maps/aMzHHwiR5TQUCamu5
FROM SADDLE ROCK ESTATES
Head southeast on Brookbridge Rd toward Woodland Pl
Turn right onto Woodland PI
Turn left onto Bayview Ave
Turn left onto Great Neck Rd
Turn right onto Jayson Ave
Turn left onto Northern Blvd
Destination will be on the left
https://goo.gl/maps/X73pnrqw32D9Ci1t9
FROM HARBOR HILLS
Take Bayside Dr and Shore Park Rd to Bayview Ave
Head southeast on Nottingham Pl toward Bayside Dr
Turn left onto Bayside Dr
Continue onto Pond Park Rd
Turn left onto Shore Park Rd
Follow Bayview Ave to Jayson Ave in University Gardens
Turn right onto Jayson Ave
Turn left onto Northern Blvd
Destination will be on the left
https://goo.gl/maps/KoxgUSH9TBCFJez26