Can You Claim Damages for Psychological Trauma After a Car Accident?

How Does Louisiana Law Handle Mental Anguish Personal Injury Claims? 

At the speeds we drive today, car accidents can be catastrophic to your body, but also leave deep, long-term scars on your mind. Most people know that if you’re injured due to another’s negligence, you can sue for compensation for your medical bills, recovery treatment, and more. However, what about mental scars such as PTSD, crippling anxiety, etc., can they also be grounds for damages?

The simple answer is yes, they can, and the Louisiana courts allow recovery of damages for mental anguish. However, these cases have various legal nuances. Therefore, they must be managed by a legal professional if you want to ensure you have the chance to get the full compensation you need and deserve.

The state of Louisiana does provide statutes that, when used by a professional, can provide a means to obtain compensation for mental conditions that you suffer due to a car accident, etc. If you’re a victim, you can usually recover “general damages” for pain and suffering, including emotional distress, anxiety, PTSD, etc.

However, to succeed in this type of lawsuit, you and your knowledgeable lawyer must prove the following:

• There exists a clear causal link between the accident and your psychological symptoms.
• There is sound and valid medical evidence of your condition, such as a medical diagnosis, treatment plans, expert testimony, etc.
• Your mental trauma is more deeply ingrained and severe, and not just the “normal” stress from being injured in a car accident.

Let’s say that after your accident, you’re diagnosed with PTSD. This mental condition can have a profound impact on your work, relationships, enjoyment of life, and more, that is far more deeply rooted and compelling than simply saying you feel nervous about driving again.

Sadly, most insurance adjusters are trained to downplay, refute, or deny non-physical claims. They will look for evidence to weaken your case or attempt to get you to settle as quickly as possible, and for far less than you deserve.

However, with the help of an experienced Louisiana car accident lawyer, you can effectively be protected from these common tactics and work to build a sound, strategic, and winning case that has the evidence needed to prove your claim and get the compensation you need and deserve.

How Does Louisiana Law Determine That Psychological Trauma Is a Compensable Injury?

The Louisiana state personal injury law does have statutes that formally recognize physical and non-physical (damages such as PTSD, GAD (general anxiety disorder), Complex PTSD, etc.) All these forms of psychological trauma fall under the classification of “non-economic damages,” which may include:

• Emotional distress and dire anxiety.
• Mental anguish, pain, and suffering.
• Post-Traumatic Stress Disorder (PTSD)
• Depression and overall lessened enjoyment of life.
• GAD (general anxiety disorder), and more.

You must note, however, that to recover compensation for these psychological damages, you must prove that your mental health condition is directly related to the car accident.

Proving this fact is critical to your case, and usually requires a great deal of documentation, such as medical records from therapists, psychologists, or psychiatrists, as well as direct testimony that visibly shows how this ongoing trauma affects your daily life.

Cuts or broken bones are far easier to prove medically, but emotional injuries are invisible, making them much more difficult to prove. In almost all cases, the insurance company relies on this fact and usually challenges these claims. Their lawyers will argue that the trauma is unrelated or highly exaggerated. However, this challenge can be overcome by working with a skilled, thorough, and experienced car accident law team, but having the right lawyer is critical.

What Should I Do If I’m Experiencing Emotional Distress After a Car Accident?

First, be aware that mental symptoms and issues may not be evident immediately after your accident. They may begin to manifest weeks or months after the incident.

However, at any point (whether it’s sooner or later), if you begin struggling mentally or emotionally after your Louisiana car accident, you must do the following:

• Get immediate medical and mental help – Always seek care from a qualified mental health professional. The sooner you begin your treatment, the sooner you can help yourself recover.
• Keep detailed records – Keep all your medical bills, therapist’s notes, prescriptions, and documentation of precisely how your daily life has been affected. Try to keep a journal detailing your symptoms and how they interfere with your work, family relations, hobbies, and enjoyment of life.
• Never speak with the insurance company on your own – Avoid giving recorded statements or signing anything without the approval of your empathetic and experienced lawyer.
• Speak with a Louisiana car accident lawyer as soon as possible – Your lawyer is highly experienced in handling these challenging psychological trauma claims and will thoroughly evaluate your situation, gather strong and reliable evidence, and always fight for the maximum compensation you’re entitled to under Louisiana law.

Why is an Experienced Lawyer Critical for My Psychological Trauma Claim?

Proving the dire effects that psychological trauma can have on a victim after a car accident is not straightforward. It commonly involves expert witnesses, detailed and comprehensive documentation, and highly skilled and professional negotiation with insurance companies with extensive legal teams.

An experienced car accident lawyer can help you in myriad ways, such as:

• Gathering of all the evidence needed –  A qualified, diligent car accident lawyer will work together with your healthcare providers to obtain detailed medical records and expert opinions that link your trauma to the accident itself.
• Calculate the full extent of your damages – Professional mental health treatment is costly, especially if it’s long-term. Your lawyer will ensure these costs and your lost income, diminished earning capacity, pain, and suffering. Etc. are all factored into your claim.
• They will negotiate or litigate your case – Insurance companies often refuse to settle honestly and fairly in mental anguish claims. A well-versed and skilled lawyer will negotiate tenaciously and assertively and, if necessary, file a lawsuit to fight for the compensation you deserve.
• Manage all your legal deadlines – Louisiana has detailed and strict deadlines for filing personal injury lawsuits. If you miss these windows, you may lose your right to recover anything; your lawyer will ensure this does not occur.

It is never wise to attempt to handle a psychological trauma claim on your own, and if done, it most always leads to frustration and unfair settlements. Your competent, experienced car accident law team knows how to present a legally sound and strategically compelling case that fully accounts for the accident’s impact on your mental well-being.

I’ve Suffered Mental Anguish Due to a Car Accident; How Should I Proceed?

Car accidents can be horrific and usually leave more than physical scars; these traumatic incidents can change your entire outlook on life. If you’re suffering from psychological trauma after a crash, you must be aware that you don’t have to fight for fair compensation on your own.

The experienced Louisiana car accident lawyers at Landgrave Garcia Injury Attorneys have extensive experience dealing with car accident complexities. They also fully understand the real impact that mental anguish, such as PTSD, crippling anxiety, and more can have on your life, your family, and your future.

Call them today at 337-242-7604 for a free consultation on your unique case. Be assured, you and your family are not alone. They stand ready to tirelessly battle the insurance companies and fight for every dollar you rightfully need and deserve.