Psychological Trauma After a Personal Injury

  • Personal Injury
April 24, 2024

While bodily injury is an unfortunate byproduct in many personal injury cases, outsiders often overlook or completely discredit less obvious psychological injuries that accompany bodily harm.

If you are experiencing psychological trauma after a personal injury, do not discount it. Colorado law grants you the right to pursue legal action for such damages in addition to your physical injuries.

Whether your injury resulted from a car accident, dog bite, slip and fall, or any accident caused by another party’s negligence, we can help. Let’s start by answering common questions and telling you about your rights under Colorado law.

Understanding Mental Pain and Suffering

Thirty years of experience have shown us that in addition to bodily harm, many personal injury victims experience mild to debilitating mental health issues, including:

Emotional Distress: This includes mental suffering, anguish, grief, fear, loss of sleep, anxiety, and other forms of psychological distress resulting from a personal injury.

Post-Traumatic Stress Disorder: Symptoms of PTSD may include but are not limited to recurring flashbacks, nightmares, anxiety, irritability, and feelings of hopelessness.

Exacerbation of Previous Mental Health Issues: In some cases, personal injury victims already have pre-existing mental health conditions that make them more susceptible to emotional trauma from a crash. Colorado law protects these victims with the “thin skull” law–allowing them to recover non-economic damages just like any other tort victim.

These are only a few ways personal injuries can impact victims in the aftermath of an accident. Even though these damages are often invisible to the naked eye, Colorado law recognizes them as equally devastating as physical injuries. In such cases, our state provides avenues to pursue legal action.

Proving Psychological Trauma After a Personal Injury

While proving psychological trauma can be challenging, it is not impossible. At trial, the jury will likely assess the following factors when considering your case:

Cause: The courts will expect your attorney to demonstrate that your psychological trauma was a direct result of the personal injury and not solely a pre-existing condition.

Medical Records: Your medical records concerning bodily injury and mental health treatment play a critical role in supporting your claim. In such cases, the testimony of a mental health professional may come into play. You must not only seek treatment but also keep records and notes about the traumatic effect the accident is having on your life.

Duration of Distress: Some personal injury victims never experience psychological trauma. Others experience it temporarily. Some for a lifetime. Every case is unique. But to prove emotional distress, you must demonstrate that it is persistent and ongoing.

In addition to medical records, the courts may require more substantive evidence to prove psychological trauma. This may include personal testimony from loved ones, witnesses, and photos and videos that show the severity of the personal injury.

Your Path to Recovery Starts With Jorgensen, Brownell & Pepin, P.C.

Are you experiencing psychological trauma in addition to physical injuries because of someone else’s negligence? We can help. With over 30 years of personal injury experience, we offer strategic yet empathetic legal solutions for personal injury victims. Whether you are facing a time-sensitive situation or need guidance on navigating complex legal procedures, our team is here to provide the support you deserve. Contact us today!

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