After an accident, the focus is often on the physical injuries and the property damage sustained, but the emotional trauma can be even more difficult to recover from. Trauma following an accident is common, and overcoming the challenges of moving past what was seen, heard, or felt can be complicated.
What is Emotional Distress?
Emotional distress, which is sometimes referred to as mental anguish, is a state of mental suffering that is the result of the intentional or negligent acts of another person or entity. It is a psychological injury that occurs after a traumatizing incident, such as a car accident. People can experience emotional distress as a result of an accident they were in, a crash or collision they witnessed, or an accident that took the life of a loved one.
If you are struggling with emotional distress after a taxi accident, Seitelman Law Offices, P.C. has a team of dedicated legal professionals ready to help you. Psychological injuries are not easy to cope with or health from, and we are honored that our clients choose us to help them through this trying time.
Suing for Emotional Distress
Taxis and cabs are go-to modes of transportation in New York. Just like the subway, these vehicles are a staple of city life for New Yorkers. While they are professionals, taxi drivers are not exempt from mistakes, and their profession doesn’t guarantee they are responsible or careful motorists.
There are countless scenarios involving taxis that could lead to emotional distress lawsuits. Examples include the following situations:
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You are crossing legally at a crosswalk, and a taxi makes an illegal turn and hits you.
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You are a passenger in a taxi when the driver swerves onto the sidewalk and hits a group of pedestrians.
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A taxi driver fails to yield the right of way and merges into you on the highway, causing a multi-car accident.
If you plan on suing for pain and suffering or emotional distress, consider reaching out to a taxi accident attorney for guidance. The process for preparing your case and proving your position in court is not easy for non-lawyers. Here are some of the stages and steps you should expect in your taxi accident lawsuit.
Document, Document, Document
Gathering extensive documentation is a key component to building your case. Keep notes on how you feel each day, what’s changed since the accident, any new fears or anxieties you experience, and in what ways your emotional distress is impacting your day-to-day life. Have you been missing work or social activities because you’re scared to get in a car? Have you stopped taking a certain route to avoid the scene of the accident because it’s too traumatizing?
Counseling notes, documentation of therapy appointments, and any new prescription medications may also be useful. Anything you can think of that will create a clear picture of the level of emotional distress the accident has caused could be helpful for your case.
Find an Attorney You Trust
The level of experience and skill an attorney has is vital, of course, but it’s also important that you find someone with whom you feel comfortable. Without this element of comfort, it may be difficult for you and your attorney to communicate, which can be detrimental to your case. Plus, as you recover from your traumatic experience, it’s important to be surrounded by people who make you feel safe and supported.
A personal injury lawyer with experience in car crashes and taxi accidents will have the skillset to settle or litigate your emotional distress case.
The Evidence You Need for Your Emotional Distress Lawsuit
Again, documentation is key. It’s best to discuss exactly what you need with your taxi accident lawyer, but evidence of the below is often helpful:
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Witness statements from the scene of the accident
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Witness statements regarding changes in your behavior since the accident
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Medical records and therapy notes
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How long you’ve been struggling with emotional distress
Compensation for Emotional Distress
While it is impossible to generalize a compensation amount that is accurate for every case, a car accident lawyer with specific experience with emotional distress cases may be able to help. When you discuss your case with an attorney, they can help you calculate a fair compensation amount. In some cases, compensation equals around three or four times the cost of all your medical bills, including medications and counseling. Your compensation would also include lost income from missing work or losing contracts as a direct result of the taxi accident.
The exact factors that will be used in your case can be discussed with your attorney. They are the best resource for personalized answers to specific questions.
If you are still looking for an attorney and would like to schedule a free consultation with Seitelman Law Offices, P.C., contact us today to choose a time that works for you. Our experienced accident attorneys will give your case the care, attention, and dedication it deserves.