A car accident can result in catastrophic injuries or even death, depending on the circumstances of the accident. Unfortunately, this tragic loss can also cause emotional and psychological trauma to the injured victim or survivors of the deceased.
Let’s say you were involved in a car accident due to someone else’s negligence. In this case, you can file a car accident claim to recover damages such as medical bills, vehicle repairs, and lost wages. However, not everyone knows that you can also incorporate the psychological trauma of a breakdown into your overall solution.
While non-economic damages, such as psychological and emotional trauma, can be added to your compensation, quantifying such damages can be challenging. This article will help you understand when and how to include non-economic damages in a settlement.
Understanding the psychological trauma of car accidents
Typically, insurance companies will consider physical or tangible losses from a car accident, such as medical bills, property damage expenses, lost wages, funeral expenses, etc. However, you must understand that you can also include non-economic damages, such as psychological trauma, in your car accident claim.
Now the question is, when and how did you know you were traumatized by a car accident? Recognizing the psychological trauma of a car accident can take some time and varies from person to person. But here are some signs you may have experienced trauma:
- intrusive memory: Individuals with PTSD or trauma may relive the traumatic event through recurring memories, distressing dreams, or intense emotional or physical reactions triggered by reminders of the accident.
- Avoidance: Affected people will often go to great lengths to avoid anything related to the traumatic event, including discussions about the event or situations that remind them of the event.
- Mood and cognitive changes: People who have experienced trauma may develop negative beliefs about themselves or others, struggle with memory function, have difficulty maintaining relationships, experience feelings of alienation from loved ones, anticipate a bleak future, or lose interest in previously enjoyable activities. They may also find it challenging to experience positive emotions.
- Changes in physical or emotional reactions: Many people with PTSD or trauma display heightened fear responses, hypervigilance, sleep disturbances, difficulty concentrating, overwhelming feelings of guilt or shame, and may resort to self-destructive coping mechanisms such as Substance abuse.
It is crucial to understand and acknowledge the symptoms of trauma in order to treat them accordingly. If you’ve experienced this, treatments such as cognitive and exposure therapy, medications, and other rehabilitation therapies can help you overcome the emotional toll of a car accident.
Car accident trauma claims
When a traffic accident occurs, the driver should be compensated for the losses caused by his negligence. Therefore, you must have the necessary evidence to prove that your injuries and other damages were caused by the collision. In most cases, their insurance company will try to resolve the issue quickly and offer a settlement that covers the physical damages caused by the collision.
Most people think they can only recover compensation for financial losses, such as medical bills, vehicle repairs, and lost wages, because they have documentation to prove it. However, even non-economic damages such as psychological trauma or post-traumatic stress disorder can be included in the settlement.
For example, a drunk driver hits you as you are leaving for work in Los Angeles. Unfortunately, the car accident was so severe that you lost a leg. As a result, you can no longer enjoy your old hobbies and activities, causing psychological trauma.
So, how do you quantify non-economic losses so that they can be included in compensation?
There are a number of methods a Los Angeles car accident attorney can use to calculate the total damages of your car accident, including the psychological trauma you experienced.
- Multiplier method: The multiplier method generally involves adding up non-economic losses associated with a quantifiable monetary value and then multiplying that sum by a specified factor (usually in the range of 1.5 to 5). multiplier.
- Per diem law: The per diem or day rate method provides a method of determining the amount of non-economic loss compensation an individual receives on a daily basis. Unlike the multiplier method, which involves multiplying economic damages by a factor, the per diem method assigns a specific monetary value to each day of pain and suffering experienced by the injured party as a result of the injury.
- comparative analysis: To determine the appropriate fee for your claim, an attorney may review similar cases in which non-economic damages awards have been determined.
These and other methods are commonly used by legal professionals and insurance adjusters in personal injury claims to facilitate negotiations and arrive at fair and reasonable compensation for non-economic losses such as psychological trauma. The choice of specific method will usually depend on the circumstances of the case and your needs.
Factors affecting psychological trauma claims
When your settlement includes psychological trauma, there are several factors that may affect how it is quantified.
The severity of the accident and the injuries caused
The severity of the accident and resulting injuries have a significant impact on trauma claims. A high-impact accident, such as a truck-vehicle collision, may be more likely to cause psychological trauma that results in minor vehicle damage than a car crash. Several types of car accidents, such as high-speed collisions, rollovers, or multiple-vehicle collisions, can cause more severe emotional distress.
Additionally, the extent of the physical impairment, such as spinal cord injury, traumatic brain injury, or disfigurement, may exacerbate psychological distress and lead to conditions such as depression, anxiety, and post-traumatic stress disorder (PTSD). For example, if you lose a leg in a car accident, you may suffer psychological trauma compared to a victim who suffers minor cuts and bruises from a collision. Overall, the mental health of people involved in an accident that results in serious injury or death can be significantly affected.
Impact on daily functioning and quality of life
Psychological trauma can take many different forms, including difficulty concentrating, anger, disturbed sleep, and avoidance of places or events associated with the disaster. Therefore, if these symptoms make it difficult for you to work, interact with others, or enjoy things you previously enjoyed, they may have a negative impact on your quality of life.
For example, you can no longer ride to work in any moving vehicle due to the psychological trauma of losing a leg in a car accident. As a result, you lose your job and have no income to cover expenses.
Additionally, psychological trauma may cause strained relationships with friends, family, and coworkers, thereby exacerbating emotional discomfort and interfering with daily functioning. Because of your disability, you lack the confidence to form relationships with others, so you may lose interest in forming relationships with others.
Records of psychological trauma
Trauma documentation is a prerequisite to support claims in accident-related legal proceedings. Proper documentation can be used to justify the psychological effects you experienced following an accident. Without documentation, it may be difficult for your attorney to prove such damages.
For a comprehensive evaluation of psychological symptoms, you can consult a mental health professional, such as a psychologist or psychiatrist. These experts can determine the extent of the trauma, identify any mental health issues, recommend the best course of action, and provide documentation for your trauma.
You can also keep a notebook or journal in which you record your feelings, thoughts, and symptoms related to trauma. This file provides a chronological record of your emotional experience, including mood changes, sleep habits, and daily functioning.
While psychological trauma and other non-economic damages can be included in your settlement, the following factors must be considered to determine the overall value of your damages. A car accident attorney can also advise you on how to properly record such damages and add them to your settlement.
in conclusion
Psychological stress often occurs after a car accident and can have a significant negative impact on your health and quality of life. While physical injuries may be easier to acknowledge, the emotional and psychological effects of an accident are just as real and worth considering.
You can file a claim for the emotional distress and mental health effects of an accident by speaking with a knowledgeable legal professional, documenting their symptoms and experiences, and getting the medical and psychiatric care you need. If you have experienced psychological trauma, as long as you get the proper help and advocacy from an experienced car accident attorney, you can work toward recovery and receive the money you are entitled to to start your life over again.
