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Emotional Distress: A Guide to Compensation Following an Accident


Broken bones and auto damage are obvious after-effects of a car accident, but most people do not consider the emotional toll a traumatic event like this can cause.

Many people deal with numerous psychological side effects that can occur after being involved in a car crash, and often these are the issues that linger the longest. What exactly is emotional distress, and how can a lawyer help you with this issue after your accident?

Emotional distress can be categorized by any of these problems:


  • Post-Traumatic Stress Disorder
  • Loss of/Inability to Sleep
  • Anxiety
  • Depression
  • Fear of Driving/Getting in a car
  • Loss of Appetite
  • Anger/Guilt

What to Do When Struggling With Emotional Distress

If any of these symptoms apply to you or a loved one following a car accident, the good news is there are ways to receive compensation for the distress you are dealing with.

1. Seek Professional Help

In terms of recovery, it is always wisest to look to the advice of medical professionals to confront and treat any issues that have arisen. Psychiatrists and therapists can help you deal with the stress of an accident and prescribe medication to help get you back to a more emotionally stable state. When building a case on emotional distress, these prescriptions and proof of counseling can also help your chances of receiving compensation.

2. Rely on Loved Ones

Those closest to you might not always understand what exactly you are going through. Since these people care about you, they are often the ones who see you struggling. It is important during an emotionally stressful time to rely on your loved ones so they can help you get through this period in your life. Establishing a support system can serve a reminder during difficult times that you are not alone in what you are experiencing.


Your loved ones can also provide testimonies to affirm the issues you have been facing which can provide support for your case. Those nearest to you are the ones that can attest to your struggles which can make your case stronger. Maybe your siblings, parents, or a significant other can see that you lose sleep at night, have lost interest in things you used to love, or that you now tend to isolate yourself. Having people that are around you to provide support to your emotional distress can make a substantial difference in your case.

3. Understand That Struggling is Normal

It can be frustrating to understand why exactly psychological problems present themselves after an accident. Many people can feel like it is uncommon to experience emotional distress following an accident. This can often leave many feeling isolated when these issues occur. However, the very fact that you can receive compensation for something like this is proof that it is not as uncommon as you may think. Focus on taking care of yourself and your emotional wellbeing first, and know that there are people that are willing to help you through this difficult situation.

How to Build Your Case

If you have been struggling with emotional distress, there is hope for you! Emotional distress cases are built on evidence which can come in multiple forms including:


  • Personal testimony
  • Letters from loved ones/those close to you
  • Witness testimony
  • Prescriptions for psychological issues
  • Proof of counselor visits/professional diagnosis

Studies have shown that psychological issues that arise from car accidents can linger much longer than any physical damage the accident may have caused. Post-Traumatic Stress Disorder is a common example of emotional distress that can cause you to feel the need to avoid being in or around a car. This, in turn, can interfere with many other aspects of your life. Being able to vocalize the after-effects of your accident can make your case stronger, more understandable, and plausible for compensation.


Concrete proof is the very best evidence for psychological damage. If you have been seeing a therapist or have been prescribed any kind of medication to cope with stress or other mental health issues, this can serve as evidence to your claim and can prove your need for compensation.


When building a case following an accident, there are several factors that play into it. However, if emotional distress is something you’re coping with, you may have little to no energy to educate yourself on these procedures. Barfoot & Schoettker wants to assist you in this process, help you understand your legal rights and answer any questions you may have.

How A Good Lawyer Can Make All The Difference

When dealing with emotional distress, you need to seek a lawyer that is willing to listen and understand your problems. Our lawyers at Barfoot & Schoettker realize that the most important thing following a car accident is recovery. We want you to feel emotionally prepared as we tackle your case and work to get you the compensation you deserve.


When considering a lawyer, it is important to find someone that is experienced and also comforting. You can rest assured knowing that our lawyers are well-versed in auto accident cases and want to make sure you get the support you need. We strive to make you feel as comfortable as possible while also getting down to the root of your issue.


If you are struggling with emotional distress, don’t just deal with your pain in silence. Let us help you get the compensation you need following a car accident. Contact us today for your free evaluation.

We are here to help!


Whether it’s the insurance company who refuses to adequately compensate you for your personal injury; the wrongful death of a loved one caused by the carelessness of another; or you've wrongfully been accused of a crime... Regardless of the obstacles you face, we can help.

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(334) 834-3444

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Montgomery, AL 36117

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