Emotional and Mental Issues After a Car Accident in Florida

While most people focus on physical injuries such as broken bones or whiplash, the emotional and mental trauma that follows a car accident in Florida can be just as significant, sometimes even more so.

At The Morgan Law Group, we understand that recovering from a car accident in Florida goes far beyond physical healing. Emotional and mental issues are real injuries, and those suffering deserve support, understanding, and just compensation. 

Whether you are struggling with trauma after a car accident or coping with ongoing mental and emotional distress, you may be entitled to seek recovery for your suffering. Our trusted auto accident lawyer in Florida is dedicated to standing by individuals and families facing these invisible but impactful challenges.

Different Emotional and Mental Issues After a Car Accident in Florida

In addition to physical injuries, many victims experience a variety of emotional and mental trauma, such as:

• Post-Traumatic Stress Disorder: PTSD is a frequent result of trauma after a car accident. Individuals with PTSD may relive the crash in their minds, experience nightmares, or avoid situations that remind them of the incident. According to the American Psychological Association (APA), car accidents are the leading cause of PTSD in the general population.
• Anxiety Disorders: After a serious crash, many people find themselves suffering from anxiety. This can present as panic attacks, constant worry, trouble sleeping, or an overwhelming sense of dread when thinking about driving or riding in a vehicle.
• Depression: Emotional trauma after a car accident can also lead to depression. Individuals may feel hopeless, lose interest in daily activities, withdraw from loved ones, or have trouble finding joy in things they once enjoyed.
• Phobias and Avoidance Behaviors: It’s not uncommon for people to develop specific phobias related to driving or riding in a car after an accident. This can severely restrict personal and professional life.
• Adjustment Disorders: An adjustment disorder occurs when someone has difficulty coping with the changes brought about by an accident, even if they don’t meet the criteria for depression or PTSD.
• Sleep Disturbances: Insomnia, nightmares, and other sleep issues are common among those with mental and emotional trauma after a car accident. Lack of restful sleep can, in turn, worsen anxiety and depression.
• Chronic Stress and Mood Swings: Ongoing stress, mood swings, irritability, or anger can all be symptoms of underlying emotional trauma. These issues can strain relationships and make daily functioning challenging.
• Guilt or Survivor’s Guilt: Some people may feel guilty for surviving a crash when others did not, or for causing the accident, even if they were not at fault.

These are not just fleeting feelings of sadness or stress; they can be long-lasting conditions that affect every aspect of life.

What to Do if You Develop Emotional and Mental Distress After the Accident

Experiencing emotional and mental distress after a car accident in Florida is nothing to be ashamed of. Mental trauma can be invisible, but it is every bit as real as a physical injury. 

Here are crucial steps you should take if you suspect you are suffering from emotional or mental trauma:

1. Seek Medical and Psychological Care Immediately

Just as you would see a doctor for a broken bone, it’s vital to consult a mental health professional if you experience symptoms of emotional or mental trauma. Early intervention can not only aid your recovery but also provide valuable documentation for your injury claim.

2. Document Your Symptoms

Keep a journal detailing your emotional and mental trauma after a car accident. Record your daily feelings, sleep patterns, mood swings, and any panic attacks or nightmares. This documentation can serve as compelling evidence if you pursue a legal claim.

3. Inform Your Auto Accident Attorney

If you already have an attorney, inform them about your emotional and mental issues as soon as possible. This will help your legal team include these damages in your claim and advise you on the best course of action.

4. Inform Your Primary Care Physician

Make sure your primary care physician is aware of your symptoms. They can refer you to mental health professionals and further document your condition in your medical records.

5. Maintain Consistent Treatment

Consistent treatment not only improves your recovery but also strengthens your claim for compensation. Gaps in treatment can be used by insurance companies to dispute the validity of your injuries.

6. Limit Discussions with Insurance Adjusters

Insurance adjusters may contact you for a statement. Be cautious about what you say can affect your claim. It’s best to speak with a qualified auto accident lawyer in Florida before providing any detailed statements about your injuries, especially regarding emotional and mental trauma.

Does Your Car Insurance in Florida Cover Emotional and Mental Distress? 

Florida is a no-fault state, which means that your insurance policy typically pays for your medical bills and lost wages, up to policy limits, regardless of who caused the accident. However, coverage for mental and emotional issues is not always straightforward.

Personal Injury Protection

Every Florida driver is required to carry PIP insurance. However, PIP does NOT cover emotional and mental trauma. It only applies to physical injuries that require medical treatment. Psychological care for trauma after a car accident is generally excluded from PIP unless directly linked to a physical injury.

Uninsured Motorist

UM coverage can be an important resource for individuals facing emotional and mental issues after a car accident in Florida. This optional coverage can pay for damages that exceed your PIP benefits, including “pain and suffering,” but only if your injuries meet certain legal thresholds. 

Under Florida Statutes Section 627.737(2), you must meet the “permanent injury threshold” to recover non-economic damages such as pain and suffering, which includes emotional and mental trauma. 

The support of experienced Florida auto accident lawyers is critical to documenting and proving mental and emotional trauma.

Can You Sue for Emotional and Mental Distress in Florida?

Yes, you can sue for emotional and mental trauma after a car accident in Florida. However, Florida law requires specific criteria to be met before you can bring a claim for these types of damages.

To recover compensation for emotional and mental distress, you typically must:

• Satisfy the Permanent Injury Threshold: As discussed above, the law requires a permanent injury for non-economic damages, including mental and emotional issues.
• Establish Causation: You must prove that your emotional and mental trauma are directly related to the car accident.
• Provide Objective Evidence: Courts in Florida often require medical records, mental health evaluations, and expert testimony to support claims of emotional and mental trauma.

If the insurance company fails to compensate you fairly or disputes the severity of your injuries, you may need to file a personal injury lawsuit. Having an auto accident lawyer by your side can make a significant difference in how your claim is presented and the outcome achieved.

How to Establish an Emotional and Mental Issues Connection to a Car Accident?

Winning compensation for emotional and mental trauma after a car accident in Florida requires strong, objective evidence that ties your symptoms to the collision. 

Here’s how you can establish their connection:

• Obtain Prompt Medical Documentation: Immediately after the accident, see a healthcare provider, even if you feel your injuries are “just emotional.” Mental trauma is best documented as close in time to the accident as possible. Records from a primary care physician, therapist, psychologist, or psychiatrist are invaluable.

• Consistency in Symptoms and Treatment: Consistency is key. Regularly attending therapy sessions, following medical advice, and maintaining records of your symptoms all help demonstrate the seriousness and persistence of your condition.

• Expert Testimony: Mental health professionals may provide expert testimony linking your symptoms to the trauma after a car accident. These opinions carry significant weight in Florida courts.

• Testimony from Family and Friends: Loved ones can testify about changes in your behavior, mood, and daily functioning before and after the accident. Their observations help illustrate how mental and emotional trauma have disrupted your life.

• Personal Journals and Records: Daily notes about your struggles, setbacks, and improvements serve as valuable evidence. Document specific ways that mental and emotional issues have affected your ability to work, socialize, or care for yourself and others.

• Photographs and Videos: Visual evidence of your life before and after the car accident can help paint a clear picture for insurance adjusters, mediators, or a jury.

• Employment and Academic Records: Records that show declines in job performance, attendance, or grades may support your claim for emotional and mental trauma.

All of this evidence, when presented by experienced Florida auto accident lawyers, strengthens your case and supports your right to recover damages for mental and emotional trauma after a car accident.

What’s the Value of a Claim for Emotional and Mental Issues in Florida? 

Determining the value of a claim for emotional and mental trauma after a car accident in Florida can be complicated. Unlike medical bills or lost wages, there is no set dollar amount attached to emotional or mental distress. 

However, several key factors are considered in these claims:

• Severity of the Trauma: The more severe and long-lasting your emotional or mental injuries, the higher the potential value of your claim.
• Impact on Daily Life: If trauma after a car accident prevents you from working, caring for your family, or enjoying life, compensation may be higher.
• Need for Ongoing Treatment: The cost and duration of therapy, counseling, or medication play a role in evaluating damages.
• Physical Injuries: Claims involving both significant physical injuries and mental and emotional trauma tend to result in higher settlements.
• Permanency: If your emotional or mental injuries are permanent or require lifelong care, this greatly increases the value of your claim.
• Florida’s Comparative Fault: If you are at fault for the accident, your compensation may be reduced in proportion to your degree of fault.

Currently, Florida law does not cap non-economic damages in most car accident cases. The value of each claim is unique. A consultation with an experienced auto accident lawyer in Florida is essential to evaluate your case based on the specific details and available evidence.

Recover Beyond Emotional and Mental Trauma with Our Attorneys in Florida

If you or a loved one is experiencing trauma after a car accident, you are not alone, and you do not have to carry this burden without legal help.

At The Morgan Law Group, our Florida auto accident lawyers are here to fight for your right to full and fair compensation. We know how to build a strong case, gather the right evidence, and advocate for every dollar you deserve, so you can focus on healing. 

Let us help you recover damages for emotional and mental trauma, as well as your physical injuries, lost wages, and other losses. Call us today at (305) 504-7642 or contact us using our online form to schedule a free consultation.