Mental Health Concerns After an Injury

In the world of personal injury law, it might be tempting to focus primarily or even exclusively on a person’s physical suffering, but what happens when a victim experiences the invisible toll of emotional distress? Recent research suggests that survivors are at an increased risk of experiencing adverse psychological outcomes following a serious injury, with roughly 42% of survivors experiencing post-traumatic stress disorder (PTSD) six months post-injury.

The emotional impact of an injury can often be just as debilitating as the physical harm suffered by survivors and extend into multiple areas of a person’s life. Mental health concerns like anxiety, depression, panic disorders, phobias, and PTSD often take root in the months after an injury and can leave survivors feeling isolated, hopeless, and uncertain about the future. Let’s take a look at some of the common mental health conditions associated with physical injuries and discuss how non-economic damages like emotional distress can play a role in a personal injury claim in California.

Common mental health concerns after an injury

When someone is involved in a serious accident—be it a car crash, workplace incident, medical malpractice case, or other dangerous situation—it is extremely common for them to suffer emotional symptoms in addition to their physical ones. While many personal injury claims aim specifically to help survivors recover compensation for losses related to their physical injuries, California law also allows injury victims to recover damages related to the emotional cost of an injury.

There are many different mental health conditions that are commonly associated with traumatic accidents. Some of the most frequently reported diagnoses and symptoms include:

• Anxiety
• Panic attacks
• Depression
• Mood disorders/mood swings
• Insomnia
• Nightmares
• PTSD
• Phobias
• General loss of enjoyment of life
• Difficulty maintaining relationships

Unlike physical injuries, these emotional conditions don’t show up on an X-ray, but that does not make them any less real. Just like physical injuries can impact a person’s quality of life, earning potential, or relationship health, mental health conditions can impact multiple areas of a survivor’s life and require ongoing intervention to help remedy them.

The role of mental health conditions in personal injury cases

Psychological symptoms and diagnoses like those listed above can seriously impact a survivor’s ability to engage in their life and relationships after an accident. In addition to the widely recognized prevalence of PTSD among injury survivors, research indicates that about 25% or more of all traumatic injury sufferers go on to develop depression and/or anxiety within the first year after injury.

While the specific presentation of these conditions can vary significantly from person to person, many survivors report that their depression and anxiety symptoms make it difficult for them to return to work, spend time with friends, engage with spouses and family members, and otherwise enjoy their lives. Subsequently, many injury survivors end up seeking mental health care from therapists, psychologists, psychiatrists, or other professionals to help them recover.

The symptoms and associated treatments for many mental health conditions can be incredibly taxing, both personally and financially. That’s why California law allows plaintiffs in personal injury cases to pursue compensatory damages related to the emotional impact of an injury.

How do you prove emotional damages?

Physical injuries often come with easily verifiable price tags. Medical bills, receipts for medical equipment, medication prescriptions, and the value of missed work shifts can all be easily tabulated and factored into a personal injury claim. With emotional damages, however, the process isn’t always as straightforward.

While there are certainly some quantifiable costs related to emotional distress, a large portion of these losses is subjective and harder to represent numerically. Subsequently, courts often want to see significant evidence that speaks to the severity and impact of a person’s emotional trauma rather than looking solely at documented expenses.

Some of the documentation commonly used to support claims for emotional distress includes:

• Medical records, like diagnoses and treatment plans from mental health professionals
• Notes from therapy appointments highlighting the severity, presentation, and impact of the plaintiff’s symptoms
• Information about any psychiatric medications the plaintiff was prescribed after their injury
• Insurance or other documentation of all mental health care sought by the plaintiff, including individual counseling, group therapy, couples counseling, etc.
• Testimony from expert witnesses clarifying the nature of the plaintiff’s diagnosis and the likely prognosis
• Personal testimony from the plaintiff and/or their loved ones as to the impact of their emotional distress upon their daily lives

All of this information combined can help judges, juries, and insurance companies evaluate the full extent of your emotional symptoms and determine the appropriate amount of damages needed to account for these losses.

When to see a mental health professional

Just like physical injuries, an accident victim’s mental health can worsen over time if left untreated. Even if you think you’re feeling “fine” in the immediate aftermath of an accident, it’s always a good idea to consult with a professional mental health care provider who can help you process what you’ve been through. It’s also important to seek care promptly to stave off claims from insurance companies or opposing counsel that your emotional distress wasn’t actually that “serious.” Moving swiftly to prioritize your mental health can not only help you avoid a long-term, adverse psychological outcome, but it can also strengthen your personal injury claim.

If you don’t seek early intervention and notice symptoms developing later on, however, it’s never too late to ask for help. Regardless of when you initiate care, the records of your appointments, treatments, and medications (if applicable) can help to support your claim for emotional distress and make it easier for your legal team to quantify some of your mental health-related damages.

If you choose to seek mental health care after an accident, you may be within your rights to seek reimbursement for:

• Therapy sessions
• Medication costs
• Hospital bills
• Participation fees for group therapy/intensives
• Long-term care costs

As we’ve already discussed, survivors may also be awarded damages related to their emotional distress in and of itself, in addition to reimbursement for expenses. In California, there is generally no cap on economic or non-economic damages in standard personal injury cases, so plaintiffs and their legal teams can pursue claims for the full amount of damages they are owed. This does not apply to medical malpractice or government claims.

Final thoughts

Traumatic accidents are emotionally taxing enough without the added strain of a complex legal case. Insurance companies, at-fault parties, and opposing counsel are all motivated to devalue or call into question the severity of an injured party’s emotional distress. An experienced personal injury attorney can help injured parties combat common defense tactics and secure the resources and support they need to recover both physically and emotionally from their trauma.

At McNicholas & McNicholas, LLP, we specialize in helping accident victims in Los Angeles and the surrounding areas fight for the justice, accountability, and compensation they deserve. With nearly $2 billion recovered for our clients and a combined 100 years of trial experience, our first-rate team knows exactly what it takes to secure favorable outcomes without re-traumatizing survivors.

If you or a loved one is struggling with anxiety, depression, or other mental health concerns after an accident, give us a call today or fill out our online contact form to schedule a free consultation with a member of our team. We’re here to answer your questions and offer you the support you need to move forward after the unthinkable.