The Importance of Describing Emotional Distress and Anxiety in an Auto Accident

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In an auto accident case, it is extremely important that you thoroughly document the anxiety and emotional distress that you sustained. Pain and suffering is an important damage category that refers to both the physical pain or mental anguish that an injured victim suffers as a result of an auto accident, slip and fall, or trucking collision.

Just Before the Accident

You must document all of the facts relating to your accident. You need to take diary notes that document all of your innermost thoughts, fears, and anxieties when your impact occurred.

Some examples include when you checked your rear-view mirror before the accident, what do you remember seeing? Was the negligent driver going too fast? Was the negligent driver not making any attempt to stop? What were your fears and anxieties when you saw the negligent driver moments before your collision?

Many of our clients describe feeling helpless and significantly tensing up knowing that the negligent driver was about to strike their vehicle, and they were about to get injured. You need to thoroughly document all of your innermost thoughts, fears, and anxieties moments before your collision.

During the Accident

Take notes and document whether you heard the sound of metal on metal when the negligent driver struck your vehicle. You need to ask yourself, what did it sound like when you heard metal on metal? What were your innermost thoughts, fears, and anxieties when you heard the impact? You need to detail all of your anxieties and fears at the moment when the impact occurred. These details are critical when documenting your pain and suffering damages.

It is also important to document what is happening to you and your vehicle when the impact occurs. We often ask our personal injury clients the following questions:

  1. Did any part of your body hit any part of the inside of your car?
  2. Did your airbags deploy?
  3. Was your vehicle pushed forward?
  4. Were you thrown forward, backwards, upwards or downwards in your car?
  5. What were your innermost thoughts, anxieties and fears?

It is very important that you document everything that happens to you inside your vehicle when you were struck by the negligent driver.

After the Accident

When your vehicle came to rest after the impact, ask yourself, what were your innermost thoughts, fears, and anxieties after your vehicle came to rest? It is also important that you document all of your injuries from the top of your head to the bottom of your feet that details the full extent of your pain in addition to your anxiety and stress.

After your vehicle came to its final resting position, ask yourself, did you immediately get out of your vehicle, or did you stay in your vehicle? These are some typical questions:

  1. Who did you call after the accident?
  2. How long did you remain in your vehicle until you got out?
  3. Were you feeling immediate pain and where was your pain?
  4. Did you have any thoughts that you were going to lose your life?
  5. Did you have any difficulty getting out of your car?
  6. What were your innermost thoughts, anxieties, and fears?

When you got out of your vehicle, did you have any discussions with the negligent driver? Was the negligent driver apologetic? Did he or she admit fault relating to the accident? Did he or she ask you how you were feeling? If he or she  didn’t admit fault or ask you if you were ok, how did that make you feel? Oftentimes the lack of empathy that our clients receive from the negligent driver adds to their anxiety and stress.

Another item that creates a lot of anxiety and stress for our clients relates to the damage to their vehicle. When you first saw the damage to your vehicle, ask yourself, how did you feel when you first saw the damage to your vehicle and the other vehicles involved? Was your vehicle paid off? Did the damage to your vehicle impact you financially and did it create anxiety and stress for you?

With so much at stake, you may still have questions about your auto accident case. The Law Office of Tom Somos, LLC, is always at your service when needed.

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