Can I Get Compensation for Anxiety After a Car Accident?

Is Emotional Trauma Legally Recognized in Georgia?

Car crash victims often try to “tough it out,” ignoring the anxiety, panic attacks, or fear of driving that set in later. But anxiety is an injury, too. Georgia law allows victims to pursue compensation for pain and suffering, which includes emotional distress caused by a car crash, as long as you have also suffered a physical injury, despite how minor that injury may be.
Georgia generally follows what is known as the Impact Rule. This rule means emotional distress is typically compensable when it results from a physical injury caused by the crash.

How the Georgia Impact Rule Affects Anxiety Claims

Under Georgia’s impact rule, emotional distress damages may be recoverable when:

• The accident caused a physical impact, even a minor one
• The victim suffered a physical injury
• The emotional distress stems from that injury

This means anxiety or PTSD claims are often strongest when supported by medical records showing physical harm and psychological symptoms connected to the crash.

What Is Emotional Distress After a Car Accident?

In legal terms, emotional distress refers to psychological trauma or suffering caused by someone else’s negligence. After a car accident, this can include:

• Anxiety or panic attacks
• Nightmares or flashbacks
• Fear of driving or riding in vehicles
• Depression, insomnia, or irritability
• PTSD symptoms

When these symptoms persist and interfere with daily life, they may be considered part of the accident-related injuries under Georgia personal injury law.

What Compensation Can Include

If anxiety, depression, or other psychological symptoms interfere with your life, compensation may include:

• Therapy or counseling costs
• Medication expenses for anxiety or depression
• Lost income if emotional distress affects your ability to work
• Pain and suffering for the mental toll of the accident

These damages are considered non-economic, meaning they do not come with fixed dollar amounts, like medical bills or lost wages, but they can still be substantial.

How to Strengthen Your Anxiety or PTSD Claim

If you’re struggling emotionally after an accident, these steps can help protect your claim:

1. Seek medical treatment right away. Physical injuries, as well as a documented diagnosis of anxiety or PTSD, helps link your emotional distress to the accident.
2. Keep records. Save therapy receipts, prescriptions, and notes about your symptoms.
3. Follow recommended treatment. Gaps in care can be used to challenge credibility.
4. Avoid minimizing your pain. Tell your attorney exactly how your anxiety affects your life.
5. Don’t talk to insurance adjusters alone. Anything you tell the insurance company can be used against you. Insurance companies often downplay emotional injuries without strong advocacy. An experienced attorney can communicate with the insurance company for you, ensuring your emotional suffering is taken seriously.

Compassionate Legal Support When Trauma is Not Visible

At Montlick Injury Attorneys, our attorneys understand that trauma isn’t always visible. If anxiety or emotional distress has affected your life after a car accident, our team is here to fight for justice for you.

Our firm has spent over 40 years helping Georgia families recover financially and emotionally after life-changing events. Contact us today for a free consultation. You pay no fees unless we win your case.