Can Psychological Injuries Be Included in a Personal Injury Lawsuit?
Can Psychological Injuries Be Included in a Personal Injury Lawsuit?
Posted on behalf of Arnold Law Firm
on October 30, 2020 in Personal Injury Updated on February 24, 2022
Personal injuries can not only affect you physically but also emotionally and psychologically. Victims may be able to pursue compensation for mental health damages in a personal injury claim. In fact, in certain situations, California allows victims to sue for psychological damages even if they are not physically injured.
The licensed Sacramento personal injury lawyers at Arnold Law Firm are prepared to help injury victims pursue compensation for damages, including emotional damages you may have suffered because of your injuries. Your case evaluation is free, and we do not collect a fee unless you receive compensation.
What are Psychological Injuries?
People who are hurt in an accident and experience physical pain may also suffer psychological injuries such as post-traumatic stress disorder (PTSD), major depressive disorder (MDD) or chronic pain syndrome (CPS), conditions that can be brought on by physical injury and/or a traumatic event. For example, depression may be triggered directly by a traumatic brain injury or indirectly due to life-altering limitations, such as being unable to work or do previous activities and tasks.
These types of injuries are normally diagnosed by a psychologist who may need to give testimony to validate and explain the impact on the victim. Psychological damages are often classified as forms of pain and suffering.
As with physical injuries, medical treatment for psychological trauma usually involves meeting with a psychologist regularly. Copays and other costs associated with this may be compensable in your claim for psychological injuries.
Psychological Injuries Often Caused by Traumatic Brain Injuries
Traumatic brain injuries (TBI) are serious, potentially life-altering injuries. TBI can change a person’s behavior, personality, and ability to regulate moods. Damage to the brain may also result in depression, anxiety or sleep disturbances.
When TBI is caused by another’s negligence, it may lead to a significant, complex personal injury claim. TBI victims may be able to seek compensation for physical and mental changes caused by their injury. Victims may need to have friends or family members provide testimony or a deposition about how the injury changed the victim.
Intentional vs. Negligent Infliction of Emotional Distress
In California, you may be able to sue for intentional or negligent infliction of emotional distress without having to prove or show a physical injury.
When suing for the intentional infliction of emotional distress, you are required to prove the following:
The at-fault party’s actions were outrageous.
The at-fault party’s actions were intentional and meant to cause emotional distress, or there was reckless disregard for the possibility of harm being suffered.
You experienced emotional distress a reasonable person would not be expected to go through.
The at-fault party’s actions were a substantial reason why you suffered emotional distress.
There are two types of claims for negligent infliction of emotional distress in California:
Direct claim – You need to prove negligence, existence of emotional distress and negligence was a significant factor in you suffering emotional distress.
Bystander claim – You need to prove witnessing the injury or death of a person who is close to you caused serious emotional distress and the injury or death was caused by another person’s negligence. For example, you may be able to file a bystander claim if you witnessed your spouse get into a car accident because of a speeding driver.
Intent, neglect and psychological damages can be exceedingly difficult and complex to prove and present effectively in a lawsuit. It is important to seek experienced legal representation that you can trust.
Proposition 213
There may be other factors that impact the potential of seeking restitution for your psychological damages. For instance, if you did not have car insurance at the time of the accident, your recovery of damages may be limited — even if you were not at fault. Proposition 213 is a California state law that restricts uninsured drivers from collecting non-economic damages resulting from a car accident. This dramatically limits the potential value of the claim, regardless of insurance policy limits that may apply. The law also applies to drivers who were under the influence of drugs or alcohol at the time of the accident.
Discuss Your Potential Case in a Free Consultation
When accidents happen, victims are often left with serious injuries, expensive medical bills, damaged property and the stress and anxiety of how to pay for these things. If someone else is responsible for your injury, you may have legal options.
Let us evaluate your claim in a free consultation to determine how we may be able to assist you. Our team works on a contingency basis, so we do not get paid unless you receive compensation.
Call us today at (916) 777-7777. We are here to answer your questions.
After a drunk driver hit me I wasn’t really sure what to do. A friend of mine Highly Recommended Arnold Law Firm, what a great recommendation it has been! The staff from lawyers to assistants has been nothing short of amazing. Always are calling and emailing me to update what is going on with your case. A very nerve racking thing to deal with personal injury and what comes from it. But with Arnold Law Firm you can rest knowing they are fighting for every inch for you. Need a law office? Look no further!
This firm is a joy to work with, they really care about their clients. Mr. Minney and Deena were wonderful to work with.
I am very grateful for the services I got from Arnold Law Firm! Everyone was great! Stephanie was awesome! Her dedication and perseverance were admirable! She was the person behind the success of my claim! I truly appreciate her in particular, and Arnold Law Firm staff, in general!
So far, we are very happy with Arnold Law Firm and the personal service we have received by Dominic Sandaval. We are looking forward to continuing this relationship through the remainder of our law suit.
Thank you, Gilbert and Joanne Joseph
Not just legal experts, The Arnold Law Firm and my case manager Stephanie Baffoni genuinely cares about you.
The Arnold Law Firm has a proven track record of success fighting for their clients and I am very thankful to have them supporting me during a very challenging time. What I did not expect is the level of compassion, partnership, and trust Stephanie and the team strives to achieve in what could have been a purely transactional relationship.If you want to be treated like a person, not a number, and know someone is looking out for your best interests, then look no further.