What type of compensation do I get for emotional distress from a car accident?

In Kansas, emotional distress from a car accident can be compensated if certain conditions are met. To get this type of compensation, you must show that the car accident was the proximate cause of your emotional distress. In other words, you must demonstrate that the accident was the primary cause of your emotional suffering. Additionally, the injury must be serious enough to be considered a “severe emotional distress.” This means that the distress must be so severe that it significantly interferes with your daily life. Examples of this include severe depression, anxiety, intrusive thoughts, and difficulty sleeping. If you have physical injuries from the car accident as well, you may be able to get compensation for “pain and suffering.” This compensation is often based on the extent and duration of the pain caused by the accident. If your emotional distress is a result of the physical injuries sustained, then it can be included in the calculation of pain and suffering damages. Finally, you may be eligible for punitive damages. Punitive damages are awarded when the driver responsible for the accident acts recklessly or with gross negligence. If you can prove that the driver’s behavior was egregious, you may be awarded punitive damages in addition to any other compensation awarded for physical and emotional distress.

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