Car accidents can be very traumatic. If you’re lucky enough to escape from one unscathed, then there’s still a chance that you will experience some kind of emotional trauma. This is especially true if somebody was seriously injured in the accident. You will be happy to know that yes you can sue for emotional trauma after a car accident, but it can be a very confusing process.

In this article, you will find a comprehensive guide for how to sue an at-fault driver for emotional damages after a car accident:


The first thing that you need to do if you intend on making any personal injury claim, is to work out who was responsible for the accident. In some cases, the guilty driver will be obvious. In others, it might not be so clear. To establish who was responsible for your accident, review any evidence taken at the scene, speak to the police, and ask any witnesses that were present. Once you have clearly established who was responsible for your accident, you can begin gathering evidence.


When you know who was responsible for your accident, you can begin gathering evidence [or start compiling any evidence that you already have]. Emotional trauma doesn’t always surface immediately, so it’s always important to acquire as much evidence on the scene of the accident – even if you don’t intend on making a personal injury claim. If you don’t have any evidence, you will have a hard time making a claim. The best way to take evidence after a car accident is to film or take photographs. Videos and photographs can’t be argued with in court. You might also want to see if there were any CCTV cameras filming the accident.


You will also want to assess the severity of your trauma. If you are severely traumatised, then you will be entitled to more compensation. The extent of your trauma will dictate the outcome of your case and the amount of compensation that you’re paid. In order to assess the severity of your trauma, you might need to present doctor’s certificates or notes from a psychiatrist. You may also have to undergo court-ordered tests, which will establish whether or not you’re exaggerating your symptoms. If you’re making a claim to an insurance company, then you can definitely expect to have to undergo some form of testing.

Contact an Attorney

Once you have acquired evidence, established responsibility, and seen a doctor to talk about your emotional trauma, you can contact an attorney. An attorney can offer lots of help after a car accident when it comes to filing a personal injury claim. You need to make sure that you do your research and find the best attorney that you can, so you stand a chance of winning your case. You can read reviews, ask for referrals, and browse legal directories. If you’re on a budget, you may also be able to hire a lawyer on a no-win fee basis.


While your lawyer’s handling your case, you might want to seek treatment. If your emotional distress is severe enough for you to want to make a legal claim, then you may benefit from seeing a psychiatrist or doctor. They may ask you to try out therapy, medication, or advise lifestyle changes. Treatment will help your life to return to normal. If you are in treatment for emotional trauma, then you will also increase your chances of winning your case. You can ask for a letter from your treatment provider explaining that you are currently seeking help and have difficulty leading a normal life because of your accident.


If you are filing your claim with an insurance company, then the insurer will make compensation offers. Usually, they will start off low. Experts recommend rejecting the first compensation offer that’s made. Your attorney will offer their advice as to whether they think you should take it or not. If you can’t agree on a settlement, then you may have to take your case to court. Make sure to carefully consider any settlement offers that are made. Try not to be greedy. Make a claim for an amount that will facilitate your recovery. If you ask for too much, then the insurance company will probably turn you down immediately.

Reach a Settlement
Once you are made an offer that you’re happy with, you can agree to the amount. Like we mentioned previously, accept whatever amount you’re happy with. If your attorney insists that you reject the amount and push for more, you should feel confident telling them no. While arguing for more can’t hurt, if you’re happy with the amount offered and you believe that it would help you in your recovery, then it would be wrong to reject it.


Payment is rarely instant. You may have to wait several weeks before you receive your compensation. The money will be sent directly to your attorney, who will deduct their fee from it. You will have agreed upon a fee with your lawyer before you hired them. This is only if you have hired a lawyer on a no-win fee basis, however. If you hired them normally, then you will have paid them at the very beginning. Once they have received the money, your lawyer will send it directly to your bank account. Once you have it, you can begin living your life and trying to regain normality.


Once you have received your compensation, try to return to normal as slowly as possible. Your compensation should be enough to sustain you if you’re not working. If you rush back into work and normal life, then your emotional distress could worsen. It’s always best to take things slow. Don’t put yourself in situations where you will experience high levels of stress. The slower your recovery is, the better. Make sure you spend your compensation wisely and don’t fritter it all away on nonsense.

If you have been involved in a car accident, then you may be entitled to compensation. The only way to find out whether you are or not is to contact an attorney. Make sure that you’re truthful and don’t exaggerate elements of your case, otherwise, you could get into trouble.