Car accidents are always stressful, but what happens if you’re involved in a car accident in Sherman Oaks, CA, and you aren’t physically injured? Can you still file a lawsuit? The answer is yes, you can. At Weiss & Farrokh, we understand that car accidents can cause more than just physical harm. Emotional distress, property damage, and other non-physical damages can also significantly impact your life. In this article, we’ll explore your legal options if you’ve been in an accident but haven’t sustained any physical injuries.

Understanding Non-Physical Damages

Even if you haven’t suffered physical injuries, a car accident can lead to significant non-physical damages, including:

  • Emotional Distress: Mental trauma such as anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident.
  • Property Damage: Costs associated with repairing or replacing your vehicle and any other personal property damaged in the accident.
  • Loss of Enjoyment of Life: If the accident affects your ability to enjoy daily activities or hobbies.
  • Economic Losses: This includes lost wages if the accident caused you to miss work, or if it affected your ability to perform your job duties effectively.

Legal Basis for a Lawsuit Without Physical Injury

In California, you can still pursue a lawsuit for non-physical damages. To do so, you must prove:

  • Negligence: The other driver was negligent and breached their duty of care. Examples include reckless driving, running a red light, or texting while driving.
  • Causation: The negligent actions of the other driver directly caused the accident and your non-physical damages.
  • Damages: You must demonstrate that you suffered actual damages, even if they are not physical. These can include emotional distress, economic losses, or property damage.

To learn more about how our firm handles these cases, visit our Catastrophic Injury Lawyers page.

Emotional Distress and Psychological Impact

California law recognizes emotional distress as a legitimate form of damage in a car accident case. Emotional distress claims can be supported by:

  • Medical Records: Documentation from a psychologist or psychiatrist who has treated you for emotional or psychological issues following the accident.
  • Expert Testimony: Testimony from mental health professionals who can attest to the impact of the accident on your mental well-being (CA Evidence Code § 801).
  • Personal Testimony: Your own account of how the accident has affected your mental state and daily life.

Property Damage and Economic Losses

Even without physical injuries, property damage and economic losses are valid reasons to file a lawsuit:

  • Vehicle Repair/Replacement: Costs associated with repairing or replacing your vehicle.
  • Lost Wages: If the accident caused you to miss work or resulted in reduced work capacity.
  • Out-of-Pocket Expenses: Any other costs directly resulting from the accident, such as rental car expenses or transportation costs while your vehicle is being repaired.

If you’re facing property damage issues, you can explore more on our Car Accident Attorney Services page.

How Weiss & Farrokh Can Assist You

At Weiss & Farrokh, we understand that every car accident case is unique. If you didn’t suffer physical injuries, we can still help you recover compensation for your non-physical damages:

  • Case Evaluation: We’ll evaluate your case to determine the strength of your claims for non-physical damages.
  • Gathering Evidence: Our team will gather the necessary evidence, including medical records, expert testimony, and documentation of your economic losses.
  • Negotiating with Insurers: We’ll handle all negotiations with insurance companies to ensure that you receive fair compensation for your damages.
  • Litigation: If necessary, we are prepared to take your case to court and fight for your rights.

Frequently Asked Questions

  • Can I claim emotional distress without physical injuries?
    Yes, California law allows for claims of emotional distress even if you have not sustained physical injuries.
  • What is the statute of limitations for filing a lawsuit for non-physical damages in California?
    You generally have two years from the date of the accident to file a lawsuit for non-physical damages (CA Code of Civil Procedure § 335.1).
  • How do I prove non-physical damages?
    Non-physical damages can be proven through medical records, expert testimony, and documentation of any economic losses.