Can You Demand Damages for Emotional Distress in Your Charlotte Car Accident Lawsuit?

car accident

If you’ve ever been in a serious car accident, you know how frustrating it can be. Not only are you dealing with your physical injuries, you also have to deal with the emotional strife of being injured. You may be out of work for weeks or months. You may never be able to work again. It all depends on how serious your injuries are. Even if you are back to work six months after the crash, you’ll still lose income for that 6-month period.

You’re also going to feel angry after your Charlotte car accident. If the other driver caused the crash, you’ll want them to pay. What you have to realize, however, is that it’s usually the other driver’s insurance company who is paying. Unless the driver has no insurance, they probably won’t pay a dime toward your injuries. The only expense they’ll feel is a higher insurance premium. The problem is that this doesn’t make you feel any better about what the defendant did to you.

A lot of people think that they can demand millions of dollars in their Charlotte car accident lawsuit. They either watch a lot of television or have seen one too many commercials on tv. The truth is that you can only sue for damages you’ve actually suffered. It’s not your attorney’s job to make you rich. It’s their job to make you whole. While you can demand pain and suffering damages in North Carolina, there’s a limit to how much money you can expect.

What is Emotional Distress and Can You Be Compensated for It?

Emotional distress is the mental anguish caused by your Charlotte car accident. It is not physical. However, if you do suffer severe physical injuries, there’s a good chance that you may feel the mental side effects of these injuries. And, while you may think the defendant should have to pay for this mental anguish, it is not quite that simple. Your Charlotte car accident attorney can certainly demand pain and suffering damages. This is the type of damages that covers any mental anguish caused by the crash. However, there is no guarantee that you’ll get them. There is also a cap on pain and suffering in North Carolina.

In North Carolina, you cannot collect more than $500,000 in pain and suffering damages. This may sound like a lot. However, even when combined with your medical bills and lost income, you may not get the millions of dollars you hope for. You also need to keep in mind that you’ll have to reimburse the insurance company for any medical bills they’ve already covered.

How Does Your Charlotte Accident Lawyer Prove Emotional Distress?

One of the problems with demanding damages for emotional distress is that it’s hard to prove. Your attorney will need to submit proof that you’ve suffered these damages. Some of the ways in which they’ll do this include:

  • Testimony by your doctor or psychologist demonstrating that you’ve been depressed or anxious as a result of the accident
  • Evidence that you can no longer work and that your career is now over
  • Proof that you can no longer play sports or enjoy a healthy social life
  • Affidavits from friends and family members documenting how you’re suffering
  • Your own statement about your mental state and depression

There’s no way for any North Carolina car accident lawyer to guarantee that you’ll get pain and suffering. It all comes down to the proof you can offer. It also depends on how serious your injuries were.

Call and Schedule Your Free Initial Consultation with an Experienced North Carolina Car Accident Lawyer Today

If you or your loved one are injured in a car accident, you’ll be angry. You may even be depressed, especially if you’re seriously injured in the crash. Let an experienced car accident lawyer in Charlotte take care of things for you. Right now, you need to focus on recovering from your injuries. Trust that your attorney will fight to get you as much money as possible. Just keep in mind – you can only get damages for injuries you’ve actually suffered.

Call today and schedule your free initial consultation. Sit down with someone who’s handled dozens of cases like yours. They can answer any questions you have and ask a few of their own. They can even give you an idea of what your case may be worth. The consultation is free and you don’t have to pay anything until your case is resolved.