Most people underestimate the emotional trauma following a car accident and how significantly it can affect both recovery and a claim's value.
Some physical injuries may heal with time, but psychological harm may last much longer and can considerably raise what you're entitled to recover.
Florida's personal injury laws recognize that psychological harm can be as devastating as physical harm, and victims deserve to be compensated for their pain and suffering
The Law Offices of Sean M. Cleary stands behind victims dealing with both physical and psychological injuries to make sure trauma is properly accounted for.
Post-Traumatic Stress Disorder Following Car Accidents
Diagnostic criteria estimate that between 20% and 46% of crash survivors experience post-traumatic stress disorder (PTSD) symptoms within six weeks after the crash. About 40% of crash survivors report mild or severe PTSD symptoms one month after the accident. You may develop PTSD from a car accident that can manifest as follows:
- Intrusive memories or flashbacks
- Feeling anxious when driving
- Disrupted sleep
- Nightmares
- Being constantly on edge
- Irritability and anger
- Struggling to focus on tasks
- Social withdrawal
- Anxiety
If someone else's negligence caused your car accident, and besides your physical injuries, you've suffered emotional trauma such as anxiety, depression, or PTSD, those conditions can significantly increase the value of an injury claim. Expenses for psychiatric visits, therapy, medications, and vocational rehab all come into play when mental health symptoms interfere with work.
Documenting Emotional Injuries to Maximize Compensation
Scans make physical injuries easy to confirm, but psychological trauma is a different story. Assessment tools, therapy records, prescribed medications, and counseling notes all combine to prove that emotional distress is real, serious, and directly related to the accident.
Pain and suffering, mental anguish, emotional distress, and loss of enjoyment of life are all recognized psychological and emotional injuries. When tied clearly to a collision and supported by clinical records, both insurers and courts treat them as injuries deserving compensation.
Proving That the Accident Caused the Psychological Injury
Insurance companies will often deny claims for psychological injury by saying that the real cause was a pre-existing condition or life stress. You have to show that the symptoms came from the collision. If the person did not get treatment for a mental health condition before the accident, but was diagnosed and treated after the accident, that connection is clear.
Securing Full Compensation with The Law Offices of Sean M. Cleary
PTSD cases require detailed documentation, such as formal diagnoses, depression and anxiety treatment records, and therapy session notes, as well as expert testimony about the prognosis of the case and future treatment strategies.
At The Law Offices of Sean M. Cleary, we know how to present psychological injuries in a way that insurance companies and juries will recognize as legitimate and compensable.
Contact our Miami office for a free consultation if you have developed PTSD, anxiety, depression, or other emotional trauma as a result of a car accident.