Not all injuries resulting from an accident are physical; psychological
injuries occur as well. After any type of accident, it is well-known knowledge
that individuals injured in a car accident qualify to seek compensation
for their injuries.
But what if you suffered a psychological injury in an accident? You may
qualify to receive compensation for this type of injury as well. Let’s
discuss compensation for psychological injuries…
What Is a Psychological Injury?
A psychological injury is a mental condition that sometimes occurs as a
result of a traumatic event. The condition is often severe enough to impact
an individual’s ability to perform routine tasks. The types of traumatic
events that give rise to psychological injuries usually occur at a time
when the individual is unprepared and/or unaware, leaving them feeling
a loss of control over their circumstances.
There are various types of trauma that can result in a psychological injury.
Some examples are…
- Motor vehicle accidents in which the individual has suffered a traumatic
injury or has witnessed someone else suffering a traumatic or even fatal injury.
- Childhood sexual or physical abuse.
- The sudden death of a loved one.
- Violent crimes, such as assault or rape.
- Nursing home neglect or abuse in which an elderly or infirm resident is
subjected to mistreatment.
- Product defects causing an individual injury.
- Injury or worsening of an illness due to medical negligence (ex: misdiagnosis,
missed diagnosis, injuries related to the birth process, wrong-way surgery,
medication errors, or lack of adequate follow-up care).
Forms of Psychological Injuries…
- Post-traumatic stress disorder (PTSD): PTSD is a psychological response
to trauma that is characterized by hyper-vigilance, nightmares or flashbacks,
and uncontrollable fear or anxiety. The symptoms of PTSD may show up immediately
or months after a traumatic event. They may fade in time, depending on
the severity and longevity of the traumatic event.
- Concussion: Caused by a violent blow or jolt to the head or body that causing
damage to the brain. Concussions can result in long-term psychological
injuries that include mood swings, difficulty remembering events, and
fatigue. These may not appear immediately, but over time behavioral changes
may occur in people who have experienced a blow to the head.
- Chronic pain: Chronic pain may seem like a physical injury, but even mild
continual pain can lead to debilitating mental effects making it hard
to focus thusly making the simplest task a challenge. This can lead to
a sense of worthlessness or apathy over time.
After a traumatic event, it is within normal limits for people to experience
feelings of fear, anger, and loss of control. However, there are instances
where the symptomology of psychological injury worsens over time creating
any number of challenges in completing average daily tasks. It is imperative
to receive treatment for psychological injuries as soon as you become
aware of the effects they are having in your daily life. Some of the most
effective treatments involve talk therapy and other more tactile treatments
in order to learn new ways of coping.
Doctors may prescribe short-term medications to address emotional trauma,
providing the individual with the ability to function more effectively,
allowing them to recover from the trauma over time without re-traumatizing
oneself with the guilt and shame associated with limitations. As the symptoms
of emotional trauma are often similar to or related to depression or anxiety,
many of the same medications used to treat those conditions are also used
for psychological injuries.
Obtaining Compensation for a Psychological Injury…
If you have suffered a psychological injury as a result of a traumatic
physical injury or event that was caused by the reckless and careless
actions of another person, you can likely obtain compensation for the
expenses and impacts of your injury through a personal injury lawsuit.
The personal injury claims process allows an individual to recover both
economic and non-economic damages following an injury.
To prove liability, you must show there was a breach in the duty of care
by the at-fault party which caused your accident and physical/psychological
injuries. Duty of care is defined as a requirement that a person act toward
others and the public with watchfulness, attention, caution, and prudence.
The fiscal amount you are able to receive due to injuries caused by the
carelessness or intent of others is called damages.
Damages consist of various elements…
The value of your case is determined by many factors. The financial expenses
you have incurred or will likely incur due to your injury are added together
to provide a total economic damage claim. The more severe your injury,
the higher your non-economic damage claim. The total of the economic damages
is then added to the total of the non-economic damages to establish the
value of your case.
Why do I need an attorney? Isn’t that kind of stuff just obvious?
Psychological injuries are terrifying to experience and cause impacts not
only to the sufferer but also to family members and any extended emotional
support system. If you have sustained injuries as the result of someone
else’s careless behavior it is imperative to have an attorney by
your side to navigate the labyrinth that is the personal injury arena.
Failure to implore the assistance of an attorney may result in a lower
yield on your return.
Legally Pink Law is a female-owned personal injury law firm in Orlando, FL. We are ready
to support you in getting the highest yield for your injuries, be they
physical or psychological.