There are certain types of compensation that people are more likely to receive after a car crash. If the other driver is at fault, the not at-fault driver can usually use insurance to pay for vehicle repair costs and medical bills. However, there are many other potential expenses that fall into a gray area.
People can sustain losses other than physical injuries and property damage that have economic consequences. For example, people may suffer psychological or emotional harm after a car crash. The change in their mental health can require expensive treatment and can reduce their earning potential.
Is it possible for those involved in a wreck to pursue compensation for psychological damage or mental health issues caused by the collision?
Some people can recover non-economic losses
State law does recognize the right of those involved in collisions to seek compensation for non-economic losses. Those losses can include pain and suffering or mental anguish. Individuals who develop post-traumatic stress disorder (PTSD), depression or anxiety after a car crash can theoretically seek compensation for their non-physical injuries if they file a lawsuit against the other driver.
However, recovering non-economic losses is usually only possible if the collision produced verifiable physical injuries. Holding the other driver accountable for anxiety, depression, PTSD or other mental health consequences of a crash is an option if the affected party already has grounds to pursue compensation based on physical injuries and economic losses.
The law once limited such claims to no more than $350,000, but the state Supreme Court has since determined that such limits are unconstitutional. People can seek a reasonable amount of compensation based on the unique circumstances of the wreck.
Building a claim for non-economic losses requires a strong basis for personal injury litigation. The party pursuing compensation typically needs very clear proof that the collision is the underlying cause of their symptoms. They also need evidence that the other party was at fault for the crash because of either negligence or illegal behavior while driving.
Reviewing the details of a car crash and the effects the crash has had can help injured parties better pursue compensation options. With the right support, those dealing with mental health consequences may be able to receive compensation to help pay for mental health support and offset the negative impact the collision has had on their lives.