The effects of a car accident in Michigan go beyond your physical injuries and financial losses. A disability resulting from the crash might keep you from participating in your favorite activities. Likewise, a severe crash might cause post-traumatic stress disorder or other mental health conditions that affect your quality of life.
These issues raise a crucial question: Can you sue for your emotional distress after a Michigan car accident? Yes, you can! Our Rochester, MI, car accident lawyers explain more below.
Requirements to Sue for Emotional Distress After a Car Accident
Michigan’s auto insurance rules are complicated, and you must meet specific requirements to sue for emotional distress after a collision. Under Michigan’s no-fault insurance system, your own insurance generally covers your medical bills and lost wages, regardless of who caused the accident. However, to pursue a claim for emotional distress, you must step outside the no-fault system by meeting Michigan’s serious injury threshold.
To cross this threshold, you must show how your emotional distress is directly related to a serious physical injury or impairment resulting from the accident. State law requires evidence of a significant and objectively documented injury, such as a traumatic brain injury, disfigurement, or long-term disability. Your medical records, psychological evaluations, and expert testimony can all help demonstrate the extent of your suffering.
Proving you meet the legal requirements to sue for emotional distress can be complex, and filing a claim requires a strong understanding of Michigan’s auto insurance laws. Our attorneys can help you determine whether your case qualifies and gather the necessary evidence to pursue compensation for your emotional distress.
Examples of Emotional Distress After a Detroit Car Accident
Emotional distress after a car accident comes in many forms, including:
- Post-Traumatic Stress Disorder (PTSD): Car accident victims frequently experience symptoms of PTSD after a collision, including flashbacks, nightmares, or anxiety triggered by reminders of the accident. PTSD can make it difficult to drive or even ride in a vehicle.
- Depression: The aftermath of an accident, including physical injuries and lifestyle changes, can lead to feelings of hopelessness, sadness, and loss of interest in daily activities.
- Anxiety: Many people injured in car accidents develop general or situational anxiety, fearing another accident or worrying about their recovery, finances, or legal issues.
- Sleep Disturbances: Insomnia, nightmares, or restless sleep can result from reliving the accident or dealing with ongoing stress.
- Guilt: Even when they didn’t cause a collision, many people injured in crashes feel guilt about injuries or property damage.
- Anger or Irritability: Victims might feel frustrated about their situation, the at-fault driver, or the slow recovery process, which can affect relationships and mental health.
Deadline to File a Lawsuit for Emotional Distress After a Car Accident
Michigan law gives you three years from the date of an accident to file suit in most cases. However, there are exceptions to this rule that could shorten this deadline. Speak to an attorney as soon as possible so they can preserve essential evidence and more effectively pursue the money you need.
Contact Our Rochester, MI, Car Accident Lawyers Now
Atnip & Associates understands the mental toll car accidents can take and can help you seek fair compensation for your emotional distress and other losses. Call now or reach out online for a free consultation.
