You’re able to file a claim for emotional trauma after a drunk driving crash in Texas. Your emotional injuries are real, and the law provides a path for you to seek justice for your suffering. Pursuing a claim for emotional trauma is complex, but a Dallas drunk driving accident lawyer helps you navigate the legal system and challenge any unfair narratives from the other side.
The moments following a wreck are confusing, but you don't have to find the answers alone. An attorney offers clarity on your rights and helps you build a strong foundation for your drunk driving accident trauma claim.
What Counts as Emotional Trauma in a Personal Injury Claim?
Emotional trauma, often called mental anguish, refers to the significant psychological and emotional suffering you experience after a traumatic event like a drunk driving crash. It's more than just feeling sad or upset; it's a deep and lasting emotional injury that disrupts your life.
Your personal injury claim aims to get you compensation for this severe emotional distress. The legal system recognizes that the damage from a wreck isn't always visible. The psychological impact of a drunk driver's reckless actions is a genuine injury.
Common Examples of Emotional Trauma
Emotional trauma appears in many forms. Some people develop diagnosed conditions, while others experience a wide range of debilitating symptoms. You may be dealing with more than one of these effects at the same time.
Common examples of emotional distress include:
- Post-Traumatic Stress Disorder (PTSD): You might experience flashbacks, nightmares, or severe anxiety related to the crash. These symptoms make it difficult to function day to day.
- Anxiety and Depression: The drunk driving accident might have triggered persistent feelings of fear, worry, or hopelessness. This result can affect your relationships, your job, and your ability to enjoy life.
- Fear of Driving: You might develop a phobia of getting behind the wheel or even being a passenger in a vehicle. This loss of independence is a significant hardship.
- Sleep Disturbances: You may develop insomnia, have trouble staying asleep, or experience recurring nightmares related to the crash. A lack of consistent, restorative sleep can worsen other symptoms of trauma and make it difficult to cope with daily life.
- Loss of Enjoyment of Life: Hobbies and activities that once brought you joy and fulfillment might now seem uninteresting or pointless. This feeling of detachment or emotional numbness (anhedonia) is a serious consequence of psychological trauma.
Proving Your Emotional Injuries
To succeed with a claim for emotional trauma after a drunk driving crash, your lawyer needs to show proof of your suffering. Insurance companies are skeptical of injuries they cannot see. Your attorney uses specific evidence to build a case that shows the true extent of your psychological harm.
Documentation from a therapist, counselor, or psychiatrist is a powerful tool. These medical records create a clear timeline of your struggles and link them directly to the accident. Your own personal records also provide valuable insight into how the trauma has changed your life.
Linking Your Trauma to the Drunk Driving Accident
A successful drunk driving accident trauma claim shows a direct link between the crash and your emotional suffering. You must demonstrate that the at-fault driver's actions are the reason for your mental anguish. An insurance adjuster or jury needs to see a clear cause-and-effect relationship.
Your legal team works to connect the dots. They establish that your emotional trauma didn’t exist before the accident or was made much worse by the crash.
The Role of Medical Records
Your medical history plays a significant role in your claim for emotional trauma after a drunk driving crash. Records from therapy sessions and doctor appointments provide professional validation of your condition. They contain diagnoses, treatment plans, and notes on your progress.
These documents are official proof of your suffering. They transform your personal experience into evidence that the legal system understands. Your lawyer uses these records to tell a compelling story about your journey.
The Impact on Your Daily Life
Evidence of your trauma also comes from showing how your daily life has changed since the drunk driving crash. Your family, friends, and coworkers often provide powerful testimony. They’re witnesses to the "before and after" effect the accident had on you.
The people close to you may notice changes in your personality, habits, and ability to interact with others. Their statements help paint a full picture of your loss of enjoyment of life. This demonstrates the real-world impact of your emotional distress.
Other Potential Compensation After a Drunk Driving Accident Crash
An injury claim from a drunk driver includes several types of compensation (damages). Your lawyer evaluates every aspect of your case to identify all potential damages you are able to claim. This process ensures your settlement demand reflects the total impact the crash had on your life.
Economic Damages
Economic damages are the measurable financial costs associated with your injuries. They are the losses that you are able to calculate with receipts, bills, and pay stubs. These damages cover the money you've already lost and expect to lose in the future.
Examples include:
- Medical Treatment: This includes the cost of therapy, medication, doctor visits, and any other medical care related to your emotional trauma.
- Lost Wages: This covers the income you lost from being unable to work while recovering from your emotional injuries.
- Loss of Earning Capacity: If your trauma prevents you from returning to your previous job or earning the same income, you seek compensation for this future loss.
- Property Damage: This covers the cost of repairing, or if it’s a total loss, replacing your vehicle or any other personal property damaged in the drunk driving crash.
Non-Economic Damages
Non-economic damages compensate you for the intangible suffering that doesn't have a specific price tag. A claim for emotional trauma after a drunk driving crash falls squarely into this category. These damages acknowledge the human cost of the accident.
Your personal injury lawyer quantifies your pain, suffering, and emotional distress. Your legal team uses evidence to argue for a fair value for this part of your claim.
Punitive Damages in Drunk Driving Cases
In Texas, you’re sometimes able to pursue punitive damages in a drunk driving case. These aren’t meant to compensate you for a specific loss. Instead, their purpose is to punish the drunk driver for their reckless behavior and deter others from making the same dangerous choice.
Since driving under the influence is an act of gross negligence, punitive damages are often on the table. Pursuing these damages sends a strong message that Texans don’t tolerate drunk driving. Your attorney will assess if your case qualifies for this type of award.
How a Lawyer Builds Your Emotional Trauma Claim After a Drunk Driving Crash
A personal injury lawyer does much more than just file paperwork. They act as your advocate, guide, and protector throughout the entire legal process. They handle the complexities so you’re free to focus on your emotional recovery.
Gathering All Necessary Evidence
Your lawyer leads the investigation into your drunk driving crash. They collect police reports, witness statements, and evidence from the scene. Your lawyer compiles all required medical records and personal accounts for your emotional trauma claim.
Lawyers know what evidence is needed to build a convincing case that demonstrates your suffering and, more importantly, how to get it.
Calculating the Full Value of Your Claim
Determining the value of a claim for emotional trauma after a drunk driving crash is difficult. It involves looking at your current and future needs. A lawyer has the experience to put a number on your suffering based on various factors.
These factors include:
- Severity of Your Trauma: Your lawyer considers the intensity and duration of your psychological injuries.
- Impact on Your Life: They assess how the trauma affects your work, relationships, and daily activities.
- Cost of Your Treatment: They calculate all past and future expenses for therapy, medication, and other care.
Handling All Communication With the Insurance Company
Dealing with insurance adjusters is stressful, especially when you’re alone. Their job is to protect their company's profits by minimizing your payout.
A lawyer takes over all communication with the insurance company for you. They handle the phone calls, emails, and letters, protecting you from adjusters' tactics designed to get you to settle for less.
Insurance companies may try to downplay your emotional injuries or argue they aren't related to the crash. They may ask for a recorded statement hoping you say something that harms your case. Your attorney anticipates these tactics and fights back against them. They keep the focus on the facts.
Taking Your Case to Court (if Necessary)
Most personal injury claims settle out of court. However, if the insurance company refuses to offer a fair settlement for your emotional trauma during negotiations, your lawyer can take the fight to a jury. They’ll present your case at trial if that’s what it takes to get the outcome you need to move forward.
FAQ for Filing a Claim for Emotional Trauma After a Drunk Driving Crash
How Long Do I Have To File a Drunk Driving Accident Claim in Texas?
In Texas, the statute of limitations for personal injury claims, including those from a drunk driving accident, is generally two years from the date of the crash. You must file your lawsuit within this timeframe. Waiting too long to take action may result in you losing your right to seek compensation.
There are also some exceptions to this rule, so contact a lawyer immediately to protect your emotional trauma claim.
Do I Have a Valid Claim if I Wasn't Physically Hurt in the Crash?
In certain situations you’re able to file a claim for emotional distress even without a physical injury. This is known as negligent infliction of emotional distress. For instance, if you witnessed a close family member get seriously injured or killed in the crash, you may have a valid claim as a bystander.
What Kind of Evidence Is Used To Prove Emotional Distress?
Proving emotional distress requires more than just your own testimony. Your lawyer will use a combination of evidence, such as detailed medical records from therapists or psychiatrists, receipts for medications, and a personal journal where you document your feelings and struggles.
Powerful evidence also comes from family, friends, and colleagues who can testify about the changes they've observed in you.
Is My Journal Helpful After a Drunk Driving Crash?
Keeping a journal is a powerful way to document your emotional journey. It provides a detailed, day-by-day account of your mental state, your anxieties, your sleepless nights, and how the trauma impacts your life.
This personal record helps your attorney understand the full extent of your suffering and provides compelling evidence for your claim.
Can I File a Claim for Emotional Trauma After a Drunk Driving Crash if I Was a Passenger?
Yes, passengers who suffer emotional trauma have the same rights as drivers to file a claim. You’re able to file a claim against the drunk driver who caused the accident.
As a passenger, you were an innocent victim of someone else's negligence, and you can seek compensation for all your injuries, including your emotional distress.
Reclaim Your Peace of Mind
The path to healing isn’t just physical. You can reclaim your sense of security and well-being. The legal system provides a way for you to hold the responsible party accountable and obtain the resources necessary for your recovery.
Let a dedicated legal team stand by your side. At DFW Injury Lawyers, a trusted Dallas personal injury lawyer fights for the rights of accident victims across Texas. Contact us today at (972) 440-2320 for a free and confidential consultation to discuss your case.