Documenting Your Emotional Distress After an Accident in Pennsylvania

Accident victims are entitled to seek just compensation for their emotional distress under Pennsylvania law. Seeking just compensation for emotional distress requires several forms of documentation, including medical records, prescription records and receipts, and detailed notes, among others. If you have a claim, an Allentown personal injury lawyer at Drake, Hileman & Davis, PC can assist with collecting the documentation you need.   

Suffering serious injuries in a traumatic accident can cause severe emotional distress. The emotional impacts of surviving a traumatic event are well-documented; and, while treatment options are available, accident victims will often face long and difficult roads to recovery.

This makes it critical for accident victims to seek just compensation when warranted.

In Pennsylvania, accident victims who have grounds to file a personal injury claim can seek just compensation for their financial and non-financial losses. This includes not only the cost of treating their emotional distress, but also the costs of living with their emotional distress on a daily basis. These costs can be substantial, and this means that accident victims’ financial recoveries will often be substantial as well.

How Do You Prove Emotional Distress After a Serious Accident?

While accident victims may be entitled to financial compensation for their emotional distress, it is up to accident victims to prove their legal rights. Proving emotional distress (and its cause) requires several forms of documentation. In a typical case, necessary documentation will include:

• Medical Records – Accident victims’ medical records can help prove the timing, cause, and effects of their emotional distress. These are all key factors for seeking just compensation after an accident in Pennsylvania.
• Medical Bills – Accident victims’ medical bills can also serve as key evidence. Medical bills will confirm accident victims’ out-of-pocket costs to date, while other forms of documentation will be necessary to prove their anticipated future costs.
• Prescription Records and Receipts – Prescription records and receipts for anti-anxiety medications, SSRIs and other drugs can also be important for proving accident victims’ financial and non-financial losses. With that said, if you aren’t taking any medications, that is completely fine.
• A Medical Expert Report – Written reports from psychologists, psychiatrists, and other medical experts can be used to prove the long-term effects (and out-of-pocket costs) of an accident victim’s emotional distress. Engaging a qualified medical expert is a key part of the process.
• Detailed Notes About the Victim’s Mental Health – Accident victims who experience emotional distress should take notes to record the effects of their trauma on a daily basis. While this can be difficult, it can also be well worth it in the end.

An experienced Allentown personal injury lawyer will be able to assist with gathering the documentation you need. An experienced lawyer can assist with your claim in several other ways, and we strongly recommend discussing your case with a lawyer as soon as possible.

Should You Provide Your Medical Records and Notes to the Insurance Companies?

No, while it is important to gather thorough documentation of your emotional distress, you should not provide this documentation to the insurance companies—at least not right away. You also should not sign a release giving the insurance companies direct access to your medical records. When dealing with insurance companies, you need to be very careful and should rely on your lawyer to provide the appropriate documentation at the right time.

What Constitutes “Just Compensation” for Emotional Distress?

The answer to this question is different for everyone. Determining what constitutes “just compensation” for an accident victim’s emotional distress requires a careful (and comprehensive) assessment of the victim’s individual circumstances. With that said, damages for emotional distress can be substantial—and, as an accident victim, you owe it to yourself to find out how much you may be entitled to recover for the consequences of your ordeal.

FAQs: Proving Your Legal Rights After an Accident in Pennsylvania

What are my legal rights if I am dealing with emotional distress after an accident in Pennsylvania?

If you are dealing with emotional distress after an accident in Pennsylvania, you have the right to seek just compensation for your financial and non-financial losses. Determining whether you have grounds to file a claim begins with investigating the cause of the accident and identifying who (or which company) is legally responsible. This makes it important to hire an experienced lawyer promptly.

Does auto insurance cover emotional distress?

Yes, generally speaking, auto insurance covers emotional distress. If you were severely injured in an auto accident that was someone else’s fault, you may be entitled to financial compensation for your emotional distress, medical expenses, lost income, and other financial and non-financial losses.

Do I need a lawyer to seek compensation for my emotional distress?

While not legally required, hiring a lawyer to help you seek compensation for your emotional distress is strongly recommended. Not only do you need to be able to prove your emotional distress, but you also need to be able to prove the damages you are entitled to recover. This includes the damages you are entitled to recover for the long-term effects of your trauma.

How Our Law Firm Can Help

At Drake, Hileman & Davis, PC, we are committed to helping accident victims recover just compensation for their losses. If you are dealing with emotional distress after an accident, we can handle your case for you while you focus on your recovery. We handle all accident cases at no out-of-pocket cost to our clients and help them make informed, confident decisions throughout the process.

Schedule a Free Consultation with an Allentown Personal Injury Lawyer Today

If you would like more information about seeking financial compensation for your emotional distress after an accident in Pennsylvania, we strongly encourage you to get in touch. To schedule a free consultation with an Allentown personal injury lawyer at Drake, Hileman & Davis, PC, please call 888-777-7098 or tell us how we can help online today.