How to Seek Compensation for Emotional Distress After a Harrisburg Car Crash

Emotional suffering can disrupt your life just as much as physical injuries. While visible injuries get immediate attention, emotional trauma from a Harrisburg crash often goes unnoticed but can be just as devastating.

Victims may not know how to seek compensation for emotional distress. Our knowledgeable attorneys are here to help you through the process so that you can get the compensation you need for your emotional distress.

At Schmidt Kramer, our Harrisburg car accident attorneys have helped our clients pursue millions in compensation. We know how to negotiate with insurance companies and collect evidence to strengthen your claims. Speak to one of our attorneys during a free consultation. If we represent your case, there are no upfront costs or fees to manage your case.

Call 717-727-2500 to schedule your free case review.

What Pennsylvania Law Says About Emotional Trauma After Car Accidents

In Pennsylvania, you can pursue a claim for emotional trauma after a car accident. However, you should know key elements regarding your claim.

Pennsylvania law recognizes two types of emotional distress claims. Negligent infliction of emotional distress (NIED) occurs when someone’s careless behavior causes emotional distress. You can claim NIED if you were in the zone of danger during the accident or if you witnessed a loved one being harmed.  While Intentional Infliction of Emotional Distress involves intentional or reckless behavior that causes severe emotional distress.

Your ability to sue for emotional distress may depend on your insurance policy. Full tort allows you to sue for any injuries, including emotional distress. On the other hand, limited tort restricts your ability to sue unless your injuries are considered serious, such as death, permanent disfigurement or impairment of a bodily function.

Why Your Invisible Injuries Matter in Harrisburg Crash Claims

After a Harrisburg car crash, the injuries you cannot see often cause the most suffering. Insurance companies, defense attorneys, friends and family may downplay these injuries, but Pennsylvania law recognizes their legitimate impact on accident victims’ lives.

The psychological aftermath of a serious Harrisburg collision can manifest as persistent anxiety, flashbacks, sleep disturbances and mood changes that disrupt every aspect of daily life.

These invisible injuries frequently outlast physical recovery. Even after your injuries heal, you may struggle to drive past the crash site, face panic attacks in traffic or endure accident-related nightmares.

Financial Consequences of Emotional Trauma

Accident-related psychological injuries may cost as much as or more than physical ones. Car crash victims often face:

• Costs of psychological counseling
• Psychiatric medication expenses
• Lost income from reduced work capacity
• Career limitations when certain job functions become impossible
• Expenses for supportive services during recovery

Why You Should Seek Compensation

Pursuing compensation for emotional trauma acknowledges the legitimacy of your suffering. When insurance companies claim your psychological injuries do not count, they invalidate real trauma that deserves recognition.

Filing a claim for emotional distress provides the necessary resources for proper treatment. Psychological therapy is an essential medical treatment for accident-related trauma.

Most importantly, fair compensation supports your complete recovery, addressing the physical and emotional dimensions of healing after a traumatic crash.

How to Prove Emotional Suffering After a Car Accident

Proving emotional suffering after a car accident presents obstacles since psychological injuries leave no visible scars. Unlike broken bones that show up on X-rays, emotional trauma requires different forms of documentation and evidence.

Here are some steps that you can take to prove emotional suffering:

• Seek Immediate Mental Health Treatment: Professional diagnosis and treatment can help prove the severity of your mental state.
• Maintain a Detailed Personal Journal: Keep a daily journal documenting how emotional trauma affects your life. Include your symptoms, pain levels and medication side effects.
• Gather Witness Statements: Ask family members, close friends, coworkers or employers to write detailed statements describing specific changes and their observations.
• Document Work and Activity Impacts: Gather concrete evidence showing how emotional trauma has affected your productivity and participation in everyday activities.
• Obtain Expert Testimony: Expert testimony provides critical validation. Mental health professionals can offer opinions about your condition’s severity and expected duration.
• Connect Physical and Emotional Symptoms: Document any physical manifestations of your emotional distress, such as stress-induced headaches or stomach problems.
• Use Diagnostic Testing and Assessments: Standardized psychological assessments, like the Hamilton Anxiety Rating Scale, provide objective measures of your emotional state.
• Preserve All Communication with Insurers: Save every communication with insurance companies, especially any that address your emotional distress and discuss psychological treatment.

How Much Is Emotional Suffering Worth in a Crash Claim?

Unlike medical bills or lost wages with a precise dollar amount, emotional suffering does not have an exact value. Some of the factors that can determine emotional distress compensation may include:

Severity and Duration of Your Psychological Symptoms

The severity and duration of your psychological symptoms play a primary role in valuation. Temporary anxiety that resolves within weeks typically warrants modest compensation, while diagnosed PTSD requiring years of therapy justifies substantially higher amounts.

Impact On Your Daily Functioning

The impact on your daily functioning significantly affects claim value. When emotional trauma prevents you from driving, working or maintaining relationships, these tangible life disruptions may increase your compensation. Courts and insurers examine how thoroughly the emotional distress has disrupted your normal activities and lifestyle.

Treatment History

Regular therapy sessions, psychiatric medication and consistent treatment compliance all strengthen your claim’s value. Sporadic or minimal treatment suggests less severe impact, potentially reducing compensation.

Pre-Existing Psychological Conditions

Pre-existing psychological conditions affect valuation but do not eliminate your claim. If you had anxiety before the accident that worsened afterward, you can still recover for the exacerbation of your condition. However, documenting the specific worsening becomes crucial for maximizing compensation.

How Insurance Companies Calculate Emotional Suffering

Most adjusters now use specialized software programs that analyze similar cases to generate compensation ranges. These programs consider your diagnosis, treatment duration and documented life impacts.

Insurance adjusters use several approaches when valuing emotional distress:

Multiplier Method

The multiplier method multiplies your economic damages (medical bills and lost wages) by a factor between 1.5 and 5, depending on the severity of your emotional suffering. More serious psychological impacts warrant higher multipliers.

Per Diem

The “per diem” approach assigns a daily dollar amount to your suffering and multiplies it by how many days you have experienced symptoms. This works best for emotional distress that resolves at a specific time.

Ways Insurance Companies Try to Dismiss Your Emotional Trauma Claims

Insurance companies employ specific tactics to minimize or deny compensation for emotional suffering after an accident. Recognizing these strategies helps you prepare to negotiate with the insurance company.

Some tactics may include:

Claiming Lack of Physical Impact

Pennsylvania law generally requires some physical impact to recover for emotional distress. Insurance adjusters exploit this rule by arguing that your physical injuries were too minor to cause severe emotional trauma. They may also suggest that emotional distress existed independently of bodily harm.

Challenging the Timing and Causation

Insurance companies routinely question the connection between the accident and your emotional suffering. They may highlight any delay in seeking psychological treatment and point to stressors in your life unrelated to the accident.

Minimizing Severity Through Surveillance and Social Media

Insurers increasingly use surveillance and social media monitoring to contradict emotional distress claims. On insurers may try to follow you to see if you avoid driving or engage in activities inconsistent with emotional trauma.

Criticizing Treatment and Documentation

Insurance companies closely examine your psychological treatment records for weaknesses. If they find any, they may challenge your mental health provider’s qualifications and emphasize missed therapy appointments.

Leveraging Stigma Around Mental Health

Insurance companies may exploit persistent stigma surrounding psychological conditions. Some could hint that psychological symptoms are within your control or treat emotional suffering as less real than physical injuries.

Call Schmidt Kramer to Help You Pursue Compensation After a Car Accident

Emotional suffering after a car accident is legitimate and deserves proper compensation. Do not attempt to seek compensation on your own. A trusted lawyer can help you obtain the compensation you need to recover or aid your recovery process.

At Schmidt Kramer, we are here to answer any questions that you may have about your potential case. Our attorneys understand Pennsylvania’s laws and how to document evidence effectively. Speak to one of our attorneys to learn more about legal options.

Find out if you have a case: 717-727-2500.