Not all accident injuries are physical. Survivors of serious crashes, attacks, and other traumatic events often develop post-traumatic stress disorder, anxiety, depression, and other psychological conditions. Nightmares, flashbacks, fear of driving, and an inability to function normally can be every bit as disabling as a physical injury, sometimes more so.
The Invisible Aftermath
Arizona law recognizes that this suffering is real and, in the right circumstances, compensable.
Emotional Distress as Part of Your Damages
When you are physically injured in an accident, the emotional and psychological harm that accompanies it, pain, fear, anxiety, loss of enjoyment of life, is recoverable as part of your non-economic damages. Because Arizona prohibits caps on compensatory damages, serious psychological harm can be fully valued rather than artificially limited.
PTSD that prevents someone from working, driving, or living normally can represent a substantial component of a claim.
Standalone Emotional Distress Claims
Arizona also recognizes claims for emotional distress in certain situations even without a direct physical impact, though these are more limited and fact-specific. For example, a person in the 'zone of danger' who witnesses a close family member's serious injury or death may have a claim. These standalone claims have specific requirements and are evaluated carefully by the courts.
Most often, though, emotional distress is pursued alongside a physical injury claim.
Proving Psychological Harm
Because psychological injuries are invisible, documentation is essential. Treatment from a mental health professional, a counselor, psychologist, or psychiatrist, creates the record that establishes the diagnosis and its connection to the accident. A journal of symptoms and testimony from family about changes in your behavior also help.
Insurers are quick to dismiss psychological claims as exaggerated. A free review can help you understand how to document and present this very real harm so it is taken seriously.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.