Catastrophic injuries like burns, spinal damage, and brain injuries are some of the most severe forms of trauma a person can sustain. Not only are these injuries physically painful and slow to recover from, but they often leave lasting residual effects on a person’s life, whether it be their ability to work, socialize, or take part in hobbies they once enjoyed.
The good news is that when these injuries are caused by someone else’s negligence, victims may be able to file a personal injury claim to recover compensation. These claims do not just account for the substantial financial costs of the injury but also the emotional effects.
In this post, we’ll examine both how an accident can affect you emotionally and how this may affect your injury claim.
How Catastrophic Injuries Can Affect Mental Health
Emotional trauma after an accident is incredibly common, especially in cases that involve serious injuries. For example, dog bite victims often suffer a lasting fear of dogs, which can make living a normal life difficult in areas where dog ownership is prevalent. But the psychological effects don’t always stem from the event itself. For instance, a car accident victim may be left so badly injured that they are not able to continue their career, which can lead to severe depression.
These examples, as well as the following mental health conditions, can be categorized as damages in personal injury lawsuits similar to compensation for medical bills or lost wages:
- Post-Traumatic Stress Disorder (PTSD): Flashbacks, nightmares, and heightened anxiety when reminded of the accident.
- Anxiety Disorders: Constant worry, panic attacks, and restlessness about health, finances, or the future.
- Depression: Persistent sadness, loss of interest in activities, and feelings of hopelessness, often linked to the loss of independence or physical ability.
Signs of Emotional Trauma After an Accident
For some, the emotional trauma after an accident is almost immediate, and the symptoms are obvious. But this is not always the case. Some victims of catastrophic accidents may need more time to process the event before the extent of the emotional impact is apparent. Instead, they, or their loved ones, may notice a change in their behavior, including:
- Withdrawal from others, including avoiding friends, family, or social activities.
- Sleep issues, insomnia, frequent nightmares, or sleeping much more than usual.
- Changes in appetite, including eating far less or more than before the accident.
- Turning to alcohol, drugs, or risky behaviors to cope with stress or pain.
- Irritability or mood swings, feeling easily frustrated, angry, or fearful.
- Difficulty concentrating, struggling to focus on conversations, tasks, or even favorite hobbies.
These symptoms can creep in gradually, sometimes weeks or months after the injury. That’s why it’s important to monitor your mental health just as closely as your physical recovery, as early intervention can help prevent long-term harm.
Some victims of catastrophic accidents may need more time to process the event before the extent of the emotional impact is apparent.
Can You Claim Compensation for Emotional Distress?
Yes. Emotional trauma is often considered as part of a catastrophic injury lawsuit. It is typically referred to as a “non-economic damage” as opposed to an “economic damage” like medical expenses, which are easier to quantify. Indeed, medical expenses, while a significant aspect of an injury claim, are just one piece of the puzzle.
For example, a person who has suffered a brain injury as a result of a construction accident may be able to sue not only for the cost of their immediate medical treatment but also their future care needs related to the injury, the emotional trauma they’ve experienced, the wages they’ve lost while being unable to work, and possibly even the cost of mental health therapy.
Proving Emotional Distress in Catastrophic Injury Claims
While many victims of catastrophic accidents are eligible to recover compensation for emotional distress, proving those damages can be challenging. Doing so hinges on showing the court that your trauma is frequent, ongoing, and most importantly, related to your injuries. It’s not enough to say that you’re suffering emotionally; you’ll need to prove it through evidence such as:
- Witness testimony from loved ones, co-workers, or your doctor
- Diagnoses and treatment documentation, including notes or billing from your therapy sessions, prescriptions, or assessments
- Personal journals that document your condition and your experience
- Expert testimony from health and accident experts who can connect your accident to your ongoing mental health issues
Make Sure Nothing Gets Left Out of Your Catastrophic Injury Claim
One of the most frustrating aspects of catastrophic injury cases is that many initial settlement offers focus primarily on the financial costs of the injury. While medical bills and lost wages can certainly add up in the short term, the emotional hardship victims can last years, and securing compensation for these effects is just as important.
For over 20 years, Power Rogers has worked with hundreds of individuals who have suffered some of the most severe and egregious examples of catastrophic accidents and have secured billions on their behalf. Our lawyers are attentive investigators and advocates who are determined to make sure that you’ve been given a fair chance at compensation that is representative of your suffering.
If you’d like to discuss your case and the potential damages you may be eligible for, contact us today for a free consultation.
