In most personal injury cases, emotional trauma describes the victim’s distress due to an accident. Unfortunately, emotional turmoil is far more challenging to prove in a courtroom and even more so to insurance companies. How should you proceed?
DIFFERENCES BETWEEN PHYSICAL AND MENTAL INJURIES
If a car collision caused your leg to break, an X-ray would prove that very clearly. When you have different psychological disorders because of an accident, however, doctors cannot automatically point to something right away to provide to an insurance company.
Suppose you want to acquire damages for emotional distress or psychological disorders that a severe personal injury has caused. In that case, you must verify that you have a psychological injury and desire to seek compensation for how it impacts your life moving forward.
You cannot simply claim to have a mental health disability in court without backing it up, just as you cannot do this with a physical injury. In the broken leg example, the cast and X-rays would prove the damages in court. No insurance company is going to provide you a check just for claiming to have an injury.
TAKING THE NECESSARY STEPS WITH MENTAL HEALTH PROFESSIONALS
To prove you are fearful, anxious, suffering from insomnia, or not functioning the way you usually did prior to the accident, it is crucial that you seek medical help from a trained and licensed mental health professional. When it is needed, treatments include therapy, counseling, and occasionally medication.
BUILDING A LEGAL STRATEGY
Legal cases will build strategies on a case-by-case basis. Typically, crashes that cause psychological disorders like PTSD, anxiety, etc., are ones that most would expect to see a fatality. So given that these crashes are usually very violent and subsequently cause rapid changes in home habits and lifestyle, attorneys generally find substantial evidence to support claims for emotional distress.
The victims, doctors, therapists, family, and coworkers can provide testimonies regarding psychological injuries to help support a diagnosis. Because of this, attorneys may be able to open a case on their client’s behalf more successfully and secure the settlement that is more than deserved.
WERE YOU IN AN AUTO COLLISION THAT CAUSED EMOTIONAL TRAUMA? LET US HELP YOU.
The Kalka Law Group – Personal Injury & Car Accident Attorneys is prepared to fight for you. You deserve the same quality of life that you had before your accident, and our team is ready to push for you to get the settlement you deserve.
We are here for you. Contact The Kalka Law Group – Personal Injury & Car Accident Attorneys today at (404) 529-9371.