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Did you know that you can get compensated without physical injuries?

As you know, being injured in a car accident due to another's negligence generally leads to filing a claim with the other driver's insurance company to get reimbursed for medical bills. However, if you didn't suffer physical injuries in a crash, it is still possible to receive compensation for other damages. Therefore, it is crucial that you consult with an experienced personal injury lawyer to determine the best course of action for your claim, and at Hamblen Injury Law we are ready to take on your case.

In the event of no injuries, it can be more difficult to file an injury lawsuit and get the proper compensation for your emotional suffering. Some states will allow victims to sue for intentional or negligent infliction of emotional distress without having any injuries but still, it's a lot harder to prove that you’ve suffered losses due to these because they're based on the impact on your life, not a bill from a doctor.

The consequences of your emotional pain and suffering are real, and can even impact your enjoyment of life and your relationships with friends, family, and coworkers. The problem is that there is no easy or concrete way to determine what you are owed and this is why each state has been in charge of defining specific laws for this type of case.

In the state of Florida, the law recognizes a cause of action for the negligent infliction of emotional distress, in the California Civil Injury Instructions, also known as the 3905A, pain and suffering is intangible damage. It’s meant to cover the real, but hard-to-define, loss associated with mental trauma and physical pain due to another party’s negligence, which allows those witnesses to the event and loved ones of the person affected could also file a personal injury claim for emotional distress.

For this type of situation, it must be taken into account that mental distress affects each person differently, hence the difficulty to prove your case without the help of an experienced personal injury attorney. Here we show you some examples of how emotional injuries can affect accident victims:

  • Sense of shame or humiliation.

  • Having trouble sleeping (insomnia).

  • Depression.

  • Experiencing stress and anxiety.

  • Suicidal thoughts.

In most cases, physical injuries that lead to emotional distress are more likely to be seen as worthy of damages by the Florida Supreme Court (this includes the possibility for sexual assault survivors and victims of slander or libel to file an emotional distress claim). This can be achieved with the accompaniment of experts such as psychotherapists whose testimonies prove that a person could be experiencing a severe emotional injury.

What if you suffered emotional distress from an accident?

Emotional distress refers to a severe reaction you may suffer after an accident. Some of the symptoms most related to emotional distress are:

  • Nightmares or flashbacks of the accident.

  • Panic attacks.

  • Severe anxiety.

As we have established before, even without injuries, your accident may have resulted in trauma. This is why consulting a doctor is important if you suffer any long-term effects following the incident. Not only do you need to seek treatment, but you may need to provide evidence of your emotional distress to include it in your lawsuit.

Victims of serious crashes and other calamities sometimes continue to suffer from mental illness. It is possible to receive a fair settlement for the treatment of these issues, just as they can for their medical expenses.

In this case, medical expenses will derive mainly from the need to resort to the help of a therapist and possibly get prescribed medication to help you sleep and alleviate your depression and anxiety. You should get reimbursed for items like therapy bills or pharmaceuticals, so make sure to keep records of all bills related to recovery from your pain and suffering, so you can add them to the settlement claim.

Identifying non-economic damages

After an accident, you experience other losses that might not have a direct financial impact but affect your quality of life, and for that, you're entitled to compensation. For instance, your injuries might cause you physical and mental pain that interferes with your ability to enjoy daily activities. These classify as non-economic damages and you’re entitled to receive payment compensation for:

  • Pain and suffering.

  • Emotional distress and mental anguish.

  • Loss of companionship/loss of consortium. When you’re unable to interact with loved ones or enjoy intimate marital relationships.

  • Disfigurement.

  • Loss of enjoyment of life.

What is the process to follow after a personal injury accident?

Whether you decide to handle the process by yourself or if you seek help from a lawyer to protect your rights, accident victims who don't suffer injuries usually recover compensation through insurance claims. The process is generally the same:

  • Gather your repair estimates, receipts, and documentation of your losses.

  • Notify the negligent driver’s auto liability insurance provider about the accident.

  • Work with your insurance company’s adjuster and provide evidence of your losses.

  • Connect the adjuster with the repair shop to know the cost of repairs to your vehicle.

If you can recover the cost of your damages thanks to an insurance claim, then you might decide not to pursue a plea against the other driver; most accidents without injuries don't justify a lawsuit. Nonetheless, if you suffered abnormally high property damage that insurance will not compensate for, your case may warrant a lawsuit, even if you walked away from the accident without physical injuries, you could be left with financial losses.

You should also get a full medical evaluation and collect as much evidence from the accident as possible:

  • An impartial description of the collision by the police officer who responded.

  • Photos of both parties involved.

  • Photos of the accident scene.

  • Witness statements and contact information.

  • Your account of events.

Be sure to consult with your doctor

Even if you believe that you didn't suffer any injuries after the accident, we recommend you see a doctor. Only a physician can assess your condition and some injuries don't manifest immediately but only weeks after an event.

Prioritizing your health and consulting with a doctor can also help your case. Your lawyer can use your medical documents to link your losses to another party’s negligence, and it doesn’t give the insurer room to undervalue or deny your claim.

How Can Hamblen Help

At Hamblen Injury Law, our lawyers can help you with:

  • Gathering information on the other party’s negligence.

  • Advise you on the claims’ court process.

  • File an insurance claim to pursue a payout to cover your damages repair.

  • Negotiate a fair settlement with the insurance company.

  • Represent you in court if a lawsuit is necessary.

At Hamblen we want you to know that you don’t have to accept the first offer. Insurance companies sometimes care more about holding onto as much money as possible, rather to give the victims fair compensation. The fact that you weren't injured can be seen as an opportunity for the insurance company to offer a lower settlement but it is also important to remember that it's fine to negotiate with them if the offer is too low or seems unfair for compensation.

If you’re worried about negotiating a settlement, our experienced team of personal injury lawyers at Hamblen Injury Law are here to help you with your case of compensation without physical injuries. We have years of experience helping accident victims and we can discuss our legal options. If you were injured in Pinellas, Pasco, and Hillsborough counties, Florida call us today at (727) 562-9677 to schedule a FREE consultation with a knowledgeable lawyer.


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