Can you file a claim for anxiety after a car accident in California?


Being involved in a car accident can be a traumatic event that not only leaves you with physical injuries but also emotional distress that can haunt you for a lifetime. The impact of such an incident can be overwhelming, negatively affecting your daily life and overall well-being. That said, many victims wonder whether they can file a claim for anxiety after a collision. Please continue reading to learn what damages may be available for the losses you’ve endured and how our seasoned Santa Clara County Car Accident Attorneys can help you fight for the just compensation you deserve.

What damages may be available to victims following a collision in California?

In a personal injury claim, there are generally two types of damages that may be awarded: compensatory and punitive damages. As its name suggests, compensatory damages are intended to compensate for actual losses. On the other hand, punitive damages are designed to punish the defendant to deter them from committing the same wrongful actions. Punitive damages are rarely ordered.

Economic damages represent your tangible losses that are easily calculable, while non-economic damages represent your subjective losses that are not quantifiable. Economic damages may include past and future medical bills, lost wages, property damage, vocational rehabilitation, household services, etc. Non-economic damages may include pain and suffering, emotional distress, inconvenience, loss of enjoyment of life, disfigurement, etc.

Can I receive compensation for anxiety after a car accident?

Following a car accident, victims may find it challenging to get behind the wheel or even enter a vehicle due to anxiety. In addition, this traumatic event can lead to conditions such as panic attacks and depression, which can negatively impact your daily life. As such, you can pursue compensation for anxiety as it is considered a non-economic damage.

However, unlike economic losses, quantifying non-economic damages is much more difficult. Therefore, you’ll have to provide the court with substantial evidence that links your psychological symptoms to the accident. This may include reports from medical experts and testimony from friends or family that can attest that your symptoms are a direct result of emotional distress from the collision. Ultimately, to recover compensation for your anxiety, you must prove that your distress is severe.

If you’ve been involved in a car accident and suffered immense emotional distress, please don’t hesitate to contact a skilled Santa Clara County car accident attorney. At the Law Offices of Brian J. O’Grady, we are prepared to help you satisfy the burden of proof and hold the negligent party accountable for their actions. Allow our firm to represent your interests today.