Most people who suffer physical injuries after a car accident can usually receive compensation to cover the costs of medical care or loss of wages either from their insurance companies or from the driver who causes the car accident. Sometimes, the injuries from a car accident are more than the physical injuries. In some cases, being involved in a car accident can lead to serious emotional or psychological injuries.
People can suffer psychological injuries such as post traumatic stress disorder, anxiety, or depression after car accidents. These injuries can affect a person’s life to a significant degree. They can affect a person’s ability to complete daily tasks and work, just as a physical injury can. In filing a claim with an insurance company or seeking compensation for injuries sustained after a car accident it is possible to file a claim for psychological injuries, although it is harder to prove the claim.
Psychological injuries cannot be seen in the same way as physical injuries, and this makes some insurance companies reluctant to sign off on claims based on psychological injuries. It is important for a person who is experiencing psychological symptoms after a car accident to make sure he discusses the symptoms with a doctor in order to get help, and also have a way to prove the claim. Getting a diagnosis for post traumatic stress disorder would also be crucial in proving that a person is suffering from the disorder. In many cases, if a claim for post traumatic stress disorder is made and the case goes to trial, an expert witness may be required to testify about the injury.
It is also possible to get compensation for psychological injuries as part of a claim for mental anguish and pain and suffering. However, these are considered non-economic damages and are harder to prove than economic damages. For example, it may be easier to prove a claim for psychological injuries by presenting medical bills for counseling and other medical treatment.
A person who is involved in a car accident in Florida can also seek compensation from for emotional injury caused in the accident under a theory of the negligent infliction of emotional distress. In this context, the plaintiff would be alleging that in causing the accident, the defendant caused him emotional distress. With few exceptions, in order to be able to make a case for negligent infliction of emotional distress, the injured plaintiff has to first prove that he also suffered physical injuries at the time he suffered the emotional distress. This is also referred to as the impact rule. It would help to have the assistance of an experienced attorney to make this claim.
Contact an Experienced Attorney
Before you file a claim for compensation or settle with an insurance company after a car accident, contact an experienced car accident injury lawyer at Vocelle & Berg, LLP, in Vero Beach, Florida for a free consultation. Presenting a claim for all the injuries suffered in the accident is important to ensure that you do not lose the right to get compensated.
Resources:
ptsd.va.gov/professional/trauma/other/traumatic-stress-vehicle-accidents.asp
scholar.google.com/scholar_case?case=12914703715523408153&q=Zell+v.+Meek,+665+So.2d+1048+(Fla.+1995)&hl=en&as_sdt=4,10
floridabar.org/news/tfb-journal/?durl=%2Fdivcom%2Fjn%2Fjnjournal01.nsf%2F8c9f13012b96736985256aa900624829%2F72904ea6ee5e437b8525741a004d10b3