When people think of personal injury claims, they often imagine physical injuries like broken bones, herniated discs, whiplash injuries, bruises, or even worse. However, the emotional and psychological toll of an accident can be just as damaging. Psychological injuries, such as anxiety, depression, post-traumatic stress disorder (PTSD), and other forms of mental anguish, can have a lasting impact on the life of the victim of a personal injury case. Although these damages may not be visible to the eye or objectively provable, such as an injury scar or broken bone, there is growing recognition in both society and the legal system of the importance of addressing these damages in personal injury claims.
At Urban Thier & Federer, we understand that emotional suffering is often an overlooked aspect of personal injury cases. We know that injuries do not just affect your physical body. Many accident victims struggle with psychological injuries that affect their relationships, work, and overall quality of life. These emotional damages are just as real as physical injuries, and victims deserve fair compensation for the mental toll they endure.
Personal Injury Victims May Suffer From
- Anxiety and depression: Personal Injury case victims may feel constant worry, sadness, or hopelessness as a result of their injuries or the trauma of the accident itself.
- Sleep disorders: Insomnia and other sleep disturbances can be the direct result of emotional distress following an accident.
- Phobias: Some victims may develop a fear of driving or even leaving their homes due to the traumatic nature of the accident.
- Post-traumatic stress disorder (PTSD): Those involved in serious accidents may relive the traumatic event through flashbacks or nightmares, causing significant emotional distress.
Proving Psychological Damages in a Personal Injury Case
While the social and legal recognition of psychological injuries has grown, proving these damages in court still requires a clear and structured approach by an experienced legal team. Physical injuries can be documented with medical records, x-rays, and photographs. Emotional suffering is harder to quantify and thus requires a different approach. With the right legal strategy and supporting evidence, victims can successfully claim compensation for psychological damages:
Documentation from Mental Health Professionals
It is essential to provide expert testimony from psychologists, psychiatrists, and/or therapists. These professionals can diagnose conditions such as PTSD, anxiety, and depression, and explain how these conditions are a direct result of the accident. Their assessments and progress reports help establish the extent of the psychological damage and provide a clear link between the accident and the mental suffering.
Personal Testimony
Personal testimony from the victim and those close to them is also crucial in proving psychological damages. The victim’s description of how their life has changed since the accident, detailing struggles with daily tasks, relationships, and mental well-being has a strong impact on a jury. Statements from family members, friends, or coworkers, commonly referred to in the law as before and after witnesses, help establish how the victim’s emotional state has deteriorated and how their personal relationships have suffered, further supporting the compensation claim.
If the victim is unable to work due to anxiety or depression, or if they’ve had to undergo extensive therapy to cope with PTSD, these are measurable impacts that can be factored into the compensation claim. Emotional damages resulting from an accident can lead to lost wages, therapy costs, medication expenses, and a diminished quality of life.
We have also had clients undergo examinations by our independent expert neuropsychologists, neurologists, radiologists, and other experts to thoroughly evaluate the psychological damages caused by an accident only to find out that the client has an accident caused objectively verifiable Traumatic Brain Injury (TBI) which had not previously been diagnosed. It is well established that psychological injury symptoms, including depression, concentration problems, memory deficits, lack of focus, and others, are in many cases identical to traumatic brain injury symptoms. United States courts are increasingly accepting cutting edge medical diagnostic imaging tools, such as Diffuse Tensor Imaging (DTI) Magnetic Resonance Imaging (MRI), PRISM protocol brain mapping/imaging, and other tools which can objectively visualize and identify microscopic brain injuries to support a brain injury diagnosis where other medical imaging tools have failed to document any abnormality. An accurate diagnosis is not only important to a client’s legal case but is also critical for proper treatment and the best opportunity for a full recovery.
Successfully Claiming Compensation For Psychological Damages
Today, mental anguish claims are no longer seen as “soft” or secondary to physical injuries. Judges, juries, and insurance companies often understand that psychological injuries can have long-term effects on a person’s life which can remain long after the physical injuries have healed. Courts are more willing to award damages for emotional suffering, and legal precedents have been established that support victims’ rights to seek compensation for mental injuries. The key to a successful claim for psychological damages is a well-documented case that connects the emotional distress to the accident and its aftermath.
We Are Here For You
Psychological damages, including emotional distress, PTSD, anxiety, and depression, are very real and need to be treated as seriously as any physical injury in a personal injury case. A proper evaluation of such damages is critical to supporting a psychological damages claim and to ensuring that there is not a more serious underlying traumatic brain injury that is causing the client’s symptoms. At Urban Thier & Federer, we are dedicated to helping our clients recover fair compensation for not just physical damages, but emotional and mental damages as well. If you or a loved one is suffering from psychological injuries due to a personal injury caused by an accident or assault, contact us today to discuss your legal options.