Compensating Emotional and Psychological Injuries in PI Cases: PTSD, Anxiety, and Trauma
When most people think of an injury after an accident, they picture visible wounds like broken bones or cuts. However, some of the most devastating injuries are ones that nobody else can see.
Emotional and psychological harm, such as anxiety and post-traumatic stress disorder (PTSD), occurs commonly after a serious accident. A study conducted among individuals involved in traffic accidents showed that 32 percent experienced PTSD, 17 percent had depression symptoms, and 5 percent felt anxiety.
At Harker Injury Law, we believe that mental and emotional well-being is just as important as physical recovery. Our compassionate personal injury lawyers can help you pursue fair compensation for any psychological or emotional injuries you have faced after an accident. Contact Harker Injury Law now — your recovery starts with one call.
Types of Accidents That Can Cause Emotional and Psychological Injuries
At Harker Injury Law, our compassionate and knowledgeable lawyers handle a wide variety of personal injury cases.
Severe emotional trauma, including post-traumatic stress disorder, can result from any type of serious accident, including:
- Car accidents: High-speed collisions, rollovers, or crashes involving fatalities
- Motorcycle accidents: Where the victim narrowly escapes death
- Pedestrian accidents: Being struck by a vehicle while walking or crossing the street
- Slip-and-falls: Falls from significant heights or in hazardous conditions that cause a traumatic experience
- Wrongful death: The trauma of losing a loved one in death due to a preventable accident
- Dog bites: Being attacked by a vicious animal
- Catastrophic accidents: Events involving multiple casualties, such as bus crashes, building collapses, or natural disasters
Even those who are witnesses, not direct victims, can experience severe psychological effects if they observe a traumatic event.
Understanding Emotional and Psychological Injuries
Psychological and emotional injuries are mental health conditions that arise after a traumatic event. If you are experiencing these types of challenges after an accident, we have seen how difficult this can be for our clients.
Unlike physical injuries, these conditions may not appear immediately. Symptoms can come up days, weeks, or even months after the incident.
Let’s discuss some common types of psychological conditions that can occur after a traumatic accident.
Post-traumatic stress disorder
PTSD is a severe anxiety disorder that can develop after experiencing or witnessing a traumatic event.
Symptoms may include:
- Intrusive memories or flashbacks
- Nightmares or difficulty sleeping
- Avoiding certain places or activities
- Emotional numbness
- Heightened startle responses
These symptoms can severely disrupt a victim’s ability to work, maintain relationships, or feel safe in everyday situations.
Anxiety disorders
It is natural to experience some degree of anxiety after an accident. However, persistent or worsening symptoms may indicate ongoing anxiety disorders.
Victims may experience:
- Panic attacks
- Difficulty concentrating
- Constant feelings of fear or dread
- Physical symptoms such as rapid heartbeat, sweating, or shortness of breath
Anxiety can lead to missed work, avoidance of driving, withdrawal from social activities, and more.
Trauma and emotional distress
Not all trauma results in a specific diagnosis like PTSD. Emotional distress can still have a profound impact, though, manifesting as:
- Depression
- Mood swings
- Irritability or anger
- Loss of enjoyment of life
Questions about your symptoms and how they may affect your case? Call Harker Injury Law to get the answers you need — free of charge.
The Effects of Emotional and Mental Trauma After an Accident
Experiencing mental trauma after an accident can lead to many long-term problems that can affect various aspects of your life.
Lost wages and other difficulties with employment
Depression, anxiety, and PTSD can result in difficulty concentrating. This can make it difficult to complete tasks or meet deadlines.
Panic attacks, flashbacks, or phobias can disrupt a person’s workflow. The fear of returning to the accident site or a similar environment can make it hard to go to work. This can lead to job loss, lost wages, or frequent job changes.
Increased risk of substance abuse
Those coping with mental trauma may turn to drugs or alcohol to escape their feelings or numb their pain. Substance abuse disorders can create additional health problems and complicate recovery.
Health issues
Psychological trauma not only affects your mind; it can take a physical toll as well. Chronic stress from conditions like post-traumatic stress disorder can lead to heart disease and diabetes. Stress hormones like cortisol can increase blood sugar levels and blood pressure.
This creates a cycle where physical health issues worsen mental health issues and vice versa.
Challenges to Proving Mental Health Injuries
Emotional distress is hard to quantify in personal injury claims. Mental health disorders rely heavily on your perception, symptoms, and psychological experience. This may vary greatly from one person to another.
The following are some common challenges:
- Lack of objective medical evidence: Mental health conditions do not appear on MRIs or blood tests. Diagnosis often relies on self-reported symptoms and clinical evaluations. These can be called into question by defense attorneys.
- Pre-existing mental health conditions: If you have a history of depression, anxiety, or other psychological issues, the defense may argue that your injury existed before the accident. It may be difficult to prove that your emotional injury was caused only by the incident in question.
- Credibility issues: Since psychological conditions cannot be “seen,” unlike physical injuries, insurance companies may argue that you are exaggerating symptoms for financial gain.
- Stigma around mental health: Despite growing awareness, some jurors may still undervalue emotional harm compared to physical injuries. They may assume they are easier to overcome.
- Requirement to prove causation: Your lawyer must establish a direct link between the accident and your emotional harm. If you have faced other traumatic life events, the defense may argue that those are the real cause of your psychological injuries.
We at Harker Injury Law know how to meet and surpass such challenges. Talk to us to find out how we can help you.
Evidence Needed to Prove Emotional and Psychological Injuries in a Personal Injury Case
One of the big challenges in pursuing a claim for mental health damages in a personal injury claim is that emotional distress is not as easily discernible as physical pain and suffering. That is why strong evidence is needed.
Courts require proof that:
- The injury exists
- It was caused by the accident in question
- It has a measurable impact on your life and well-being
We’re going to delve into some key evidence that can be used when pursuing damages for PTSD, anxiety, and other mental health disorders.
Medical and mental health records
Early medical documentation can strengthen your personal injury claim. It shows you sought treatment soon after the incident.
Medical documentation evidence can include:
- Psychiatric evaluations: A diagnosis from a licensed psychiatrist or psychologist is critical evidence
- Therapy notes: Regular progress notes from therapists or counselors can demonstrate ongoing symptoms
- Prescriptions: Records of medications prescribed for anxiety, depression, or difficulty sleeping can corroborate the injury
- Primary care records: Documented complaints of emotional distress or referrals to mental health specialists
Expert testimony
Your personal injury lawyer may consult experts to provide testimony that will strengthen your claim.
This may include statements from:
- Mental health professionals who can explain the diagnosis, prognosis, and how the condition impacts your life
- Vocational experts who may testify about how emotional injuries limit your ability to work
- Medical experts who can connect the psychological harm directly to the accident
Personal testimony
You know better than anyone how the accident and injury have impacted your life. Your detailed account of the effects of the accident can be powerful evidence.
This may include:
- Changes in daily routines
- Social withdrawal
- Loss of interest in activities previously enjoyed
- Fear or avoidance behaviors related to the accident
Testimony from friends, family, and coworkers
Testimony from the people in your life who know you best can provide valuable observations of:
- Social isolation
- Mood swings
- Strain on personal relationships
- Irritability
- Decline in job performance
Journals and written records
A personal injury diary can be compelling evidence.
It may include:
- Daily symptoms tracking (panic attacks, anxiety, nightmares)
- Limitations in physical or social activities
- Emotional struggles
- Suicidal thoughts
Corroborating physical evidence
Emotional injuries are mainly proven through testimony and medical records. However, physical evidence from the accident may also be used.
This may include:
- Photos or videos of the accident scene
- Police reports
- Statements from eyewitnesses to the accident
- Dashcam or video surveillance footage of the accident unfolding
The lawyers at Harker Injury Law can guide you as to what you can do to strengthen your case. Come talk to us instead of going it alone.
Frequently Asked Questions (FAQs)
The following are frequently asked questions about compensation for psychological injuries. If you can’t find all the answers here, then please don’t hesitate to contact Harker Injury Law to schedule a free consultation and learn more about your rights and options.
Can I file a claim for emotional distress damages if I have a pre-existing mental health condition?
Yes, you can still file a claim for emotional distress damages if you have a pre-existing condition. However, your lawyer will need to help you demonstrate that the accident significantly worsened your existing condition or caused new symptoms.
Do I need to see a therapist to claim emotional and psychological injuries?
While it is not always required to see a therapist to get emotional distress damages, doing so can significantly strengthen your personal injury case. A mental health therapist’s evaluation can provide credible evidence of how the accident has affected your emotional well-being.
Can I file a personal injury claim for emotional distress if I don’t have a physical injury?
In some situations, yes. Many states allow “stand-alone” emotional distress claims. You will need to prove that your mental health disorder was caused by another’s negligent or intentional act.
How long do I have to file a claim for emotional and psychological injuries?
Each state has its own statute of limitations for personal injury claims. In California, you must file within 2 years from the date of the accident or discovery of the injury.
How much is my emotional distress claim worth?
The value of emotional distress in personal injury claims is based on different factors, such as its impact on your daily life. Your attorney can help assess your case and argue for a fair amount.
Do you have other questions that you didn’t find here? Contact our law firm to ask us directly.
Damages an Experienced Personal Injury Lawyer Can Help You Recover for Mental and Emotional Trauma
While emotional distress is under the category of non-economic damages, it may also be considered when calculating economic damages. Types of damages available in personal injury cases are categorized as follows.
Economic damages: Including medical expenses and lost wages
Mental health issues may impact your ability to work, earn money, or attend important business functions. This could lead to lost wages.
You may have sought therapy from medical professionals to recover from the traumatic event. These medical expenses are related to the accident, and your lawyer can help you pursue fair compensation for them.
Non-economic damages: Less tangible effects of your injury
Unlike physical injuries, non-economic damages may be particularly valuable to add up in cases where PTSD, anxiety, and trauma have resulted from what happened. These damages may include:
- Pain and suffering: Compensation for emotional distress and mental anguish caused by the accident
- Loss of enjoyment of life: Compensation for the inability to participate in activities and hobbies previously enjoyed because of emotional trauma
- Mental disorders and trauma: Compensation for mental health conditions like PTSD that can severely hinder your daily life
- Loss of consortium: Compensation for difficulties in your marriage and family life
How Harker Injury Law Can Help You Address Mental Disorders
Have you or a loved one experienced psychological or emotional injuries due to someone else’s negligence? If so, the law firm of Harker Injury Law is here to help. We can provide you with the legal guidance and support needed to make your emotional distress claim a success.
A personal injury attorney can review your case, assess the extent of your emotional suffering, and help you get maximum compensation for your losses. We care about our clients and work to treat all of them with the same care and respect we would our own family.
By contacting us, you take a step towards recovery, healing, and securing the compensation you deserve for the harm you have suffered. Learn how we can help! Contact Harker Injury Law today for a free consultation with an experienced personal injury lawyer.
