Did you know that in many accident cases, the worst injury that a person can suffer is not a physical one?
The emotional and psychological trauma that can result from a serious accident can last for years…sometimes a lifetime.
And here’s what most people don’t realize…
When a person is hurt in an accident, it doesn’t just cost them money in the form of medical bills and lost wages. The unseen injuries like anxiety, panic attacks, depression and even PTSD can be just as devastating.
And the best part?
You can get compensation for these types of emotional injuries. But only if you know how to prove them in your case.
In This Article:
- Why Emotional Trauma Matters in Personal Injury Cases
- The Most Common Types of Psychological Injuries
- How to Document Your Emotional Distress
- What Emotional Trauma Is Worth in Your Case
- The Financial Value of Emotional Distress
- Proving Emotional Trauma Isn’t Easy
- Fighting for What You Deserve
- Take Action Immediately
- Final Thoughts
The Hidden Cost of Personal Injuries
Let’s talk about something that is rarely discussed…
When a person is injured in a car accident, a slip and fall or a work accident the focus is on the broken bones and medical treatment. It’s easy to overlook the fact that:
The emotional trauma from an accident can be worse than the physical injuries.
Let’s say a person is involved in a serious car accident and has only a few physical injuries, like bruises and a sprained wrist. But now they can’t drive without having a panic attack. They take a different route to work to avoid driving over a bridge. They wake up in the middle of the night with nightmares.
What is that?
Emotional trauma. And it’s a lot more common than people think.
Why Courts Are Finally Paying Attention
Here’s something to keep you encouraged…
Courts are increasingly recognizing mental and emotional distress in personal injury claims. This is a major shift in how the legal system views the impacts of accidents.
If you’ve been injured and are struggling with emotional issues that were caused by your accident, you need to make sure you work with a Little Rock personal injury lawyer who fully understands both the physical and psychological impacts of your accident. The right legal team can help you ensure you are getting compensation for all your injuries, not just the ones that show up on an x-ray.
But there is one thing you need to understand…
Not every type of emotional trauma is compensable. You need to know what types of emotional trauma count and how to prove them.
The Most Common Types of Psychological Injuries
Emotional trauma caused by personal injuries comes in many different forms. Here are the most common types of psychological injury:
Post-Traumatic Stress Disorder (PTSD)
PTSD isn’t just something that happens to war veterans. Many accident victims suffer from PTSD.
Symptoms include flashbacks of the accident, nightmares and sleep problems, avoiding certain places that remind you of the accident and feeling on edge or like you can’t relax.
Anxiety and Panic Disorders
After being in a traumatic accident, it’s not uncommon for people to develop an anxiety disorder. This may result in panic attacks when the individual is put in situations similar to their accident. In the case of car accident victims, that can include anxiety about driving or even riding as a passenger in a car.
Depression and Mood Disorders
Accidents that cause chronic pain and disability are also common causes of serious depression. If your life is turned upside down by an injury, it’s only natural that you will experience feelings of hopelessness and sadness.
Statistics show that personal injury claims are increasingly including compensation for these types of psychological injuries as the courts have started to recognize them as legitimate.
Proving Emotional Trauma Isn’t Easy
Here’s something you need to know…
While a broken arm or leg is visible on an x-ray, emotional trauma is not. This makes it more difficult to prove in court. However, that doesn’t mean it can’t be done.
You just need evidence. And a lot of it.
Medical Documentation Is Critical
First, seek professional treatment. Don’t be embarrassed to see a therapist, psychologist or psychiatrist.
Not only is it important for your recovery, but your medical records from a mental health professional will be some of the most important evidence in your case. These records can document your symptoms, the diagnosis of your emotional trauma, the severity of your condition, how your condition impacts your life and your treatment plan and prognosis.
Other Types of Evidence Matter Too
In addition to medical records, it is helpful to gather:
- Testimony from mental health professionals who have treated you.
- Statements from family and friends.
- Your own personal journal of your symptoms.
- Records documenting how your emotional distress has impacted your work and your relationships.
The more evidence you have, the stronger your case will be.
The Financial Value of Emotional Distress
Let me tell you something that may shock you…
Emotional distress damages can be significant. In some cases, emotional distress damages can actually exceed the physical injury damages.
The value of your emotional distress damages depends on several factors:
Severity and Duration
The longer and more severe your emotional distress, the more it is worth in terms of compensation.
Impact on Quality of Life
To what extent has the emotional distress impacted your ability to live your life? Can you still work? Maintain relationships?
Treatment Costs
Ongoing costs for therapy and medication are also factored into the compensation amount.
Loss of Life’s Pleasures
Courts also recognize that emotional distress can rob you of the pleasures of life and will compensate you for this.
But here’s the thing…
Approximately 95% of personal injury cases settle before trial. The vast majority of emotional distress claims are never seen by a jury. Instead, they are negotiated with insurance companies.
And you know how insurance companies feel about paying for injuries they can’t see?
Fighting for What You Deserve
This is the hard part…
Insurance adjusters and companies are notorious for trying to minimize or outright deny emotional trauma claims. They will argue that your psychological injuries are not real or not caused by the accident.
Professional legal representation matters at this point. An experienced attorney knows how to:
- Build a strong case for your emotional injuries.
- Work with mental health professionals.
- Counter the insurance company’s tactics.
- Present your emotional suffering in the best possible light.
Don’t let an insurance company talk you into thinking your emotional suffering doesn’t count.
Take Action Immediately
Here’s what you need to do right now…
If you’ve been injured and are experiencing emotional trauma as a result of your accident, it’s important that you take the following steps:
Get Professional Help
See a mental health professional as soon as possible. Not only is this good for your recovery, but it will strengthen your legal case.
Document Everything
Keep detailed records of your symptoms and the treatment you are receiving.
Talk to a Lawyer
Personal injury law has changed and come a long way to recognize emotional trauma as compensable injury. But you need a lawyer with the expertise to handle this type of claim.
Don’t Discount Your Suffering
Just because your injuries aren’t visible doesn’t mean they aren’t real or shouldn’t be compensated.
Final Thoughts
Emotional trauma from personal injuries is real and compensable. It is also becoming increasingly recognized by the courts as a legitimate injury.
If you are suffering from psychological impacts after an accident, you are not alone. The courts have made it clear that emotional distress is worthy of compensation just like physical injuries.
But you need to be proactive. Document your symptoms, seek professional treatment and work with a legal team that understands the full extent of your injuries.
Your mental health matters. And so does getting proper compensation for all your injuries.
Don’t accept less than you deserve just because your injuries aren’t visible.