How to Pursue Damages for Emotional Distress After a Drunk Driving Accident

What Are Some Signs of Emotional Distress After My Car Accident?

If you’ve had a car accident due to a drunk driver’s negligence, it can be devastating physically, mentally, and financially. Many times, these accidents cause severe and possibly life-changing injuries, and their psychological impact on you and your family should not be ignored.

Physical injuries are usually visible, but the emotional distress you suffer after being struck by a drunk driver can be much more difficult to recognize but still have a significant and negative impact on your life.

Emotional distress can be just as significant as lost income, high medical bills, etc., but it is significantly more challenging to calculate your losses accurately.

Emotional distress has no singular legal definition, but in conjunction with a lawsuit, it can refer to things such as:

• Alteration of your emotions – You may display periods of anger, sadness, despair, etc., and these feelings usually qualify as emotional distress under Michigan law. The impact of a drunk driver crashing into you can be overwhelming and may result in long-lasting emotional distress.
• Specific diagnosable conditions – Conditions that can then be diagnosed, such as depression, anxiety, and post-traumatic stress disorder.
• Various other personality changes and mental hardships – When you suffer injury in a car accident, you may have recurring thoughts, memories, and even “flashbacks” that interrupt your sleep, and more. These changes can drastically and negatively alter your entire quality of life.
• Injuries to personal relationships – Due to your mental state, you may no longer be able to provide the emotional support and affection for your family members as you did before.

The legal term “pain and suffering” pertains to all these conditions that may qualify as emotional distress and entitle you and your family to the financial compensation you deserve.

Can I Sue a Drunk Driver for My Emotional Distress in Michigan?

The simple answer is yes, you can. Of course, you and your skilled, experienced car accident lawyer must prove negligence, but if the other driver was impaired, this part of your case is usually more easily accomplished.

Another vital factor to note is that it’s not unusual for you, as a victim of emotional distress due to your drunk driving accident, to not always fully realize the legal options you have. This is why having a knowledgeable and empathetic car accident lawyer by your side is mandatory to file and win emotional distress cases correctly.

Being able to get the compensation you need for your emotional distress can help you in numerous ways, such as:

• Obtaining justice for the serious harm you’ve suffered – Emotional distress and its various mental issues can be debilitating and forever change your life. Therefore, the drunk driver who caused these severe problems must be held accountable.
• Medical treatment expenses – You may need therapy or other costly medical treatment to help you get back on track. Usually, due compensation will cover the cost of your evaluation, treatment, and possibly years of recovery.
• Helping with drug costs – Drugs and other associated treatment (including hospitalization) can be extremely expensive, and your compensation should cover these costs.
• Relieving the stress of lost wages and other career issues – Emotional distress manifested by anxiety, depression, and more may stop you from working at your present job. This can significantly add to your mental and financial stress. Your compensation will provide much-needed relief from the pressure of lost income.

However, don’t underestimate the intricacies of managing these legally complex cases. The guidance, advice, and support of a highly experienced car accident lawyer are mandatory to obtain all you deserve and need.

What Strategies May My Lawyer Use to Sue for Pain & Suffering After My Car Accident?

Pain and suffering damages are legally considered non-economic damages. They are designed to compensate you for your reduced quality of life due to your mental or physical injuries.

Pain and suffering damages usually are considered when you have issues such as long-lasting and lingering pain, emotional distress, PTSD, loss of enjoyment of life, change in relationships, etc.

The trauma of a car accident can cause many conditions in Michigan that can be legally classified as pain and suffering. Just a few examples are:

• Denial of social pleasure and enjoyment – Hobbies and tasks you once enjoyed now may trigger a traumatic mental response. Therefore, you can no longer do these once enjoyable acts.
• Embarrassment, humiliation, and more – Even though the accident was not your fault, it may instigate profound feelings of shame or embarrassment that can significantly affect your future life.
• Overall mental anguish – Depression, GAD (general anxiety disorder), anger, and more after your accident can be overwhelming and even interfere with your recovery.
• Physical pain and suffering – Major physical and most forms of mental Injury can have a long-lasting and persistent effect for years after your accident. In simple terms, your life could be forever changed.

By being experienced and well-versed in these emotional distress cases, your drunk driving accident law team will know how to successfully have your case diagnosed and legally presented to obtain the total amount of compensation you truly deserve.

How Can My Lawyer Prove Pain & Suffering After a Drunk Driving Accident?

In any personal injury case, the first thing your lawyer must prove is that the defendant’s negligence was the cause of your injuries. In a drunk driving case, this may be less difficult if the defendant was cited, etc., but it still must be done.

So, the first thing your experienced lawyer will do is establish negligence by using the following:

• The defendant owed you a duty of care (to obey the traffic laws) and drive safely.
• By driving under the influence, they breached their duty of care.
• This breach of their duty was responsible for your injuries.
• Finally, due to your injury, you suffered physical or mental damage,

However, you must note that in Michigan, there are additional requirements for car accident claims if your law team is seeking non-economic damages, such as emotional distress.

Your case must prove that your injury (emotional distress, pain and suffering, etc.) must meet a defined “bodily injury threshold.” This is also known as the “tort threshold” and is defined as a “serious impairment of body function.” This is usually proven by showing your injury includes three items:

• Your injury must be “objectively manifested.” This means others must be able to observe your symptoms, not just you.
• This “impaired bodily function” must be significant to you as the injured party.
• Your impairment must affect your capacity to live normally or how you lived before your injury.

To prove this part of your case, your experienced and thorough car accident lawyer will use items such as:

• Your previous and current medical records.
• Detailed testimony from doctors, medical staff, and possibly expert witnesses.
• A private and detailed journal that records your pain and precisely how it negatively affects you and your ability to live normally.

I’m Seeking Pain and Suffering Damages After My Drunk Driving Accident; How Should I Proceed?

If you’re suing for emotional distress in any Michigan car accident lawsuit, you must have a lawyer who is well-versed in analyzing, professionally presenting, and winning these complex cases. Your empathetic, knowledgeable law team must be transparent, compassionate, and relentless in their pursuit of the compensation you truly deserve.

The drunk driving accident lawyers at the Sigal Law Firm have a long history of providing extensive, personal, and compassionate legal representation to Michigan clients exhibiting severe emotional distress due to their incident.

Call them today at 248-671-6794 for a free consultation on your unique case. They will immediately begin to fight tirelessly for your rights and the compensation you and your family deserve.