Can You File a Car Accident Lawsuit in Phoenix Even if You Aren’t Hurt?
August 9, 2023 | Car Accidents
A car accident in Phoenix can cause substantial damages and losses for accident victims. They might sustain severe physical injuries, debilitating emotional distress, and significant financial losses.
However, what happens when you don’t sustain physical injuries in a car accident? Can you still sue for a car accident when you were not hurt?
Suing After a Car Accident in Phoenix, AZ
Physical injuries are only one type of harm caused by car crashes. Two other types of damages you might be able to sue for are:
Property damage claims are usually settled directly with the car insurance company. All Arizona drivers are required to have a minimum amount of car insurance coverage, including $15,000 in property damage coverage. Liability insurance coverage compensates accident victims when the insured causes a car wreck.
The insurance company should compensate you for the cost of repairing the damage to your vehicle, including reimbursing you for a rental car while repairs are being made. If your car is totaled, the company should pay you the fair market value for your vehicle.
However, the insurance company might deny your claim. It could refuse to pay the total cost of repairs or the vehicle’s value. In that case, you might have to sue the driver who caused the accident for property damage. You can sue for property damage even if you were not injured.
Being involved in a car accident can cause emotional distress. You might experience symptoms of emotional distress including, but not limited to:
- Anxiety attacks
- Changes in eating and/or sleeping habits
- Becoming withdrawn and/or isolated
- Mood swings
Emotional distress can take many forms and result in severe psychological conditions. In severe cases, emotional distress can interfere with daily life and work.
Some states do not allow individuals to sue for emotional distress and non-economic damages unless they sustain a physical injury. In Arizona, it is possible to sue for emotional distress without sustaining physical injuries in some situations. Depending on the circumstances, you could have a claim for intentional or negligent infliction of emotional distress.
The best way to determine if you can sue after a car accident when you were not hurt is to talk with an experienced Phoenix car accident lawyer. An attorney analyzes the facts of your case to determine your legal options for recovering compensation for damages.
Determining the Value of Emotional Distress for a Phoenix Car Accident
It is challenging to put a price on emotional distress. Everyone experiences a tragic event differently. The facts and circumstances of the car accident significantly impact the level of emotional distress a person might experience.
For instance, a car accident victim might not have been physically injured. However, the accident triggered past memories of a catastrophic car crash. As a result, the person begins having flashbacks and severe anxiety.
In another example, a person might not sustain physical injuries in a car wreck. However, their child sustains severe injuries. The trauma of your child being injured can cause severe emotional distress.
Medical and mental health experts can help determine the severity of a person’s emotional distress. Stress could cause physical problems, including high blood pressure and eating disorders. Doctors play an important role in documenting how emotional distress impacts a person’s physical and mental health.
We also examine how emotional distress impacts a person’s daily life and quality of life. For instance, does the stress cause such severe anxiety that the person cannot ride in an automobile? Therefore, they may be “stuck” at home or within walking distance of their home.
Sometimes, emotional distress can impact the ability to focus and concentrate. If so, the person might have difficulty working.
Generally, the more severe the impact on the person’s life, the greater the value of emotional distress claims.
What Should You Do if You Believe You Have a Car Accident Claim?
Document your damages by seeking immediate medical treatment. Keep detailed records of all expenses related to the car accident, including costs of counseling and therapy. If you miss time from work because of emotional distress, keep a record of the hours and days you miss.
You should also create a journal detailing your recovery. Make notes about your emotional state and how the stress impacts your daily life. For instance, depression could make celebrating your child’s birthday or anniversary difficult.
Contact the Arizona Car Accident Lawyers at Curiel & Runion Personal Injury Lawyers Today
Curiel & Runion Personal Injury Lawyers
5151 E Broadway Blvd. Suite 1600
Tucson, AZ 85711