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If you are suffering from emotional distress after an Oklahoma car accident caused by someone else’s negligence, you may be wondering – can I sue for this mental anguish? The answer is yes, but proving emotional distress damages can be more challenging than establishing physical injuries.
Being involved in a car accident can be a traumatic experience that leaves victims struggling with more than just physical injuries. Many accident survivors find themselves grappling with significant emotional distress in the aftermath. This may include anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological challenges that make it difficult to resume normal life.
Understanding Emotional Distress
Emotional distress, also known as mental anguish, refers to the psychological suffering and turmoil experienced by an individual following a traumatic event. In the context of a car accident, emotional distress can manifest in various forms, such as:
- Anxiety and fear, especially related to driving or riding in a vehicle
- Depression and feelings of hopelessness
- Sleep disturbances like insomnia or nightmares
- Mood swings and irritability
- Difficulty concentrating
- Post-traumatic stress disorder (PTSD) with flashbacks of the accident
These symptoms can significantly impact a person’s quality of life, relationships, and ability to work or engage in daily activities. The American Psychological Association provides guidance on recovering emotionally from disasters and traumatic events. Oklahoma law allows accident victims to pursue compensation for these very real damages.
How do I prove emotional distress after a car accident in Oklahoma?
To successfully claim compensation for emotional distress in Oklahoma, you must demonstrate that your emotional suffering is directly related to the car accident and that it has had a substantial impact on your life. Some factors that can help establish the validity of your emotional distress claim include:
- The emotional distress must stem directly from the car accident. Pre-existing mental health conditions typically cannot be claimed unless the accident significantly worsens them.
- There must be a physical injury. Oklahoma law requires that emotional distress damages are tied to a physical injury from the accident. Standalone emotional distress claims without bodily harm are generally not permitted.
- The emotional distress must have a significant impact on the victim’s life. Temporary, minor bouts of worry or sadness likely will not meet the threshold for compensation. The distress should be severe enough to disrupt the victim’s daily functioning.
- Medical documentation is key. A formal diagnosis from a psychiatrist, psychologist, or other mental health professional helps substantiate the emotional distress claim. Detailed treatment records are important evidence. Seeking professional help from a therapist, counselor, or psychiatrist can provide valuable evidence of your emotional distress. Their diagnoses, treatment plans, and progress notes can support your claim.
Additional evidence that can help prove emotional distress includes:
- Witness testimony: Statements from family members, friends, or colleagues who have observed changes in your behavior, mood, or ability to function after the accident can corroborate your emotional distress.
- Impact on daily life: Documenting how the emotional distress has affected your daily activities, such as work, school, hobbies, or social interactions, can demonstrate the extent of your suffering.
Caps on Non-Economic Damages
Oklahoma previously capped non-economic damages like emotional distress at $350,000 in most cases. However, in 2019, the Oklahoma Supreme Court ruled this cap unconstitutional. Currently, there is no limit on the amount of non-economic damages you can claim if you have sufficient evidence.
Comparative Negligence
Oklahoma follows a modified comparative negligence rule. This means you can still recover damages as long as you were less than 50% at fault for the accident. However, your compensation will be reduced by your assigned percentage of blame. Your emotional distress damages would also be subject to this reduction if you are found partially at fault.
According to Oklahoma Statutes Title 23, Section 13, “Contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage, or unless any negligence of the person so injured, damaged or killed, is of greater degree than the combined negligence of any persons, firms or corporations causing such damage.”
Statute of Limitations
In Oklahoma, the statute of limitations for car accident injury claims is two years from the date of the crash. This means you have two years to file a lawsuit seeking compensation for your physical injuries and emotional distress. If you miss this deadline, the court will likely dismiss your case. There are very limited exceptions that may extend the statute of limitations, so it’s best to consult with an attorney as soon as possible to ensure your right to compensation is protected.
Oklahoma Statutes Title 12, Section 95 states that “Civil actions…can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards: …An action for injury to the rights of another, not arising on contract, and not hereinafter enumerated…within two (2) years.”
Can I still get compensation if the emotional distress aggravated a pre-existing condition?
Yes, you can pursue compensation for the worsening or aggravation of a pre-existing mental health condition due to the car accident. However, you will need to provide clear medical evidence that shows the accident exacerbated your symptoms or caused a relapse.
Your attorney can help you gather documentation from mental health professionals that outlines your condition before and after the crash, the severity of the aggravation, and the treatment needed to address the worsening of symptoms. It’s important to be honest about pre-existing conditions and how they have changed since the accident.
How long does it take to settle an emotional distress claim after a car accident?
The timeline for settling an emotional distress claim can vary significantly depending on the complexity of the case, the severity of the damages, and the willingness of the insurance company to negotiate a fair settlement. Some claims may resolve in a matter of months, while others could take a year or more if a lawsuit becomes necessary.
Factors that can impact the duration of the claim process include:
- The time needed to reach maximum medical improvement for both physical and emotional injuries
- The amount of evidence required to prove the emotional distress damages
- The insurance company’s cooperation or resistance in settlement negotiations
- Whether the case goes to trial
Your lawyer can give you a better idea of the expected timeline for your specific claim. It’s important to be patient and not rush into a settlement before the full extent of your damages is known. Your attorney can guide you through the process and keep you informed at every stage.