Crary, Clark, and Domanico can help you after a car accident in Spokane. There’s a lot of questions that come up in the aftermath of a car accident, especially if you’re dealing with injuries. The emotional side is something that you might not think about right away, but it can be just as damaging as physical injuries. Our team can help you assess what this might be worth. Contact us today for a free consultation.
What is My Emotional Trauma Worth After a Car Accident?
When you file a car accident claim in Spokane, there’s various “damages” available to you. These are built around things like your medical expenses, lost income from missed work, and repair or replacement costs for your car. While all of these are fairly easy to put a dollar amount on, things like your pain and emotional trauma might not be. Yet, these are huge parts of your life after the car accident.
So, you can recover “emotional distress” damages for this trauma. But again, understanding how this is evaluated is important in understanding what you can get:
- How long your trauma lasts – The longer your emotional trauma lasts, the more you may be able to recover. If it fades in a few weeks, your claim may be worth less. If you experience anxiety, PTSD, or depression that requires therapy or medication, your claim’s value increases. A doctor’s diagnosis of long-term trauma can lead to a higher payout.
- How the trauma affects your life – If your trauma makes it hard to work, be around others, or do everyday things, it strengthens your case. Trouble focusing, avoiding certain places, or losing interest in hobbies all show how deeply you’ve been affected. If you develop a fear of driving or withdraw from loved ones, your claim could be worth more.
- Documentation and proof – You need solid proof to get a fair settlement. Medical records from a doctor or therapist help show your suffering. A journal describing your struggles, nightmares, or panic attacks can be useful. Statements from family, friends, or coworkers about changes in your behavior can also support your claim. Without proof, insurance companies may not take your suffering seriously.
- How serious your accident was – The worse the accident, the more likely it caused emotional trauma. Crashes involving rollovers, head-on collisions, or multiple cars can leave lasting psychological scars. If someone was seriously hurt, killed, or if a drunk driver was involved, your emotional distress claim could be much higher.
- Damage cap – Washington doesn’t limit how much you can receive for emotional distress. Depending on how serious your trauma is and how well you document it, settlements we’ve gotten for clients Spokane has ranged upward of $750,000. The stronger your case, the higher the payout.
Obviously, every situation is different. What impacts your emotional trauma might not be the same for someone else. But one thing does remain the same: your legal options and how you actually get these damages.
What Options Do You Have to Recover Emotional Distress Damages?
If you’ve suffered emotional trauma after a car accident in Spokane, you have the legal right to file an injury claim. To do this, you need to determine two key things, though: who is responsible for your damages and how you want to file your claim.
Legally, the person or party responsible for paying your damages is determined by liability. Liability is based on negligence, meaning someone’s careless actions (or failure to act) caused the accident and your injuries.
In most cases, the other driver is liable–especially if they were speeding, distracted, or driving under the influence. Sometimes, liability can fall on others like:
- The city or county government
- Another driver
- The car or parts makers
- Pedestrians
Once liability is established, you can proceed with your claim in one of two ways:
- Filing an insurance claim – This is the faster route, handled outside of court. However, insurance companies control the process and often offer low settlements to save money. They may even deny your emotional distress claim if it isn’t well-documented.
- Filing a personal injury lawsuit – This takes longer but is overseen by a judge, making it a fairer process. Lawsuits generally result in higher payouts, especially if your trauma is severe and well-supported by medical evidence.
Aside from emotional distress, a successful claim can help you get “damages” for your:
- Medical expenses
- Pain and suffering
- Lost income
- Car repair/replacement costs
- Loss of companionship or quality of life
- Wrongful death expenses
Washington state gives you three years from the accident date to file a personal injury claim. If you miss this deadline, you lose your right to these damages, including for emotional distress. The faster you act, the easier it is to put together a strong claim. And remember, our experienced team can help you through the entire process.
Work With Experienced Spokane Car Accident Lawyers
At CCD Law, we understand the challenges you and other Spokane car accident victims face. The impact isn’t just physical–emotional trauma can last long after the crash. Our experienced car accident lawyers are here to guide you through the legal process and fight for the financial support you need to recover. We can:
- Explain your options
- Help you gather evidence
- Talk to witnesses and investigate what happened
- Negotiate with insurance companies for a fair settlement
- File a lawsuit, if necessary
If you’ve been hurt in a car accident, don’t hesitate. Contact us today for a free consultation.
