Suffering from emotional trauma or post-traumatic stress disorder (PTSD) after an accident or traumatic event can be just as debilitating as physical injuries. In many cases, emotional trauma requires professional treatment and can impact every area of a person’s life, from their ability to work to their relationships. But can you recover damages for PTSD and emotional trauma? In Texas, individuals who have suffered emotional distress due to another party’s negligence may be entitled to compensation. Scott Scherr at The Payne Law Group understands the devastating effects of emotional trauma and is here to help you seek justice.
What Is Emotional Trauma and PTSD?
Emotional trauma is a psychological response to a deeply distressing or disturbing experience. In some cases, emotional trauma can develop into PTSD, a mental health condition characterized by severe anxiety, flashbacks, nightmares, and other symptoms. PTSD often occurs after experiencing or witnessing life-threatening or violent events, such as:
- Car accidents
- Physical assault
- Workplace accidents
- Natural disasters
- Medical malpractice
PTSD and other forms of emotional trauma can affect individuals differently, leading to a range of symptoms, including depression, anxiety, difficulty sleeping, or the inability to concentrate. Treatment may require therapy, medication, and ongoing support, often resulting in significant medical expenses.
Can You Claim Damages for Emotional Trauma and PTSD?
In Texas, individuals may pursue compensation for PTSD and emotional trauma if the distress was caused by someone else’s negligence or wrongful act. Personal injury law allows for the recovery of economic and non-economic damages, which means that compensation can cover physical injuries and an accident’s emotional and psychological impact.
Emotional trauma and PTSD claims can be part of a broader personal injury case, especially if the event that caused the trauma also resulted in physical injuries. However, even in cases where there is no visible physical injury, a victim may still be entitled to compensation if they can prove the extent and impact of their psychological suffering.
Types of Damages Available for PTSD and Emotional Trauma
If you are seeking compensation for emotional trauma or PTSD, you may be eligible for several types of damages, including:
- Medical Expenses: Treatment for PTSD and emotional trauma can be extensive and may include therapy, psychiatric care, medications, and even hospitalization in severe cases. These costs can add up quickly, especially when ongoing treatment is required. Compensation for medical expenses covers both past and future costs associated with your treatment.
- Lost Wages and Loss of Earning Capacity: Emotional trauma can make it difficult for individuals to work or return to their previous job, leading to lost income. Compensation can cover lost wages if you had to take time off work or if the trauma has affected your long-term ability to earn a living.
- Pain and Suffering: Pain and suffering damages are designed to compensate for the emotional and psychological toll of your injuries. This category may include compensation for the impact PTSD or emotional trauma has had on your daily life, mental health, and overall well-being.
- Loss of Enjoyment of Life: PTSD and emotional trauma can limit your ability to enjoy life and participate in activities that once brought you joy. Compensation for loss of enjoyment acknowledges the ways in which trauma has restricted your quality of life.
- Loss of Consortium: Emotional trauma and PTSD can strain personal relationships, particularly with spouses and family members. Loss of consortium damages are intended to compensate for the impact of trauma on your relationships and the emotional toll it has taken on your loved ones.
Challenges of Proving PTSD and Emotional Trauma in Personal Injury Claims
Unlike physical injuries, which can be documented with medical records and imaging tests, PTSD and emotional trauma are often more challenging to prove. Emotional injuries are subjective, and insurance companies may question the validity or extent of the trauma. However, there are ways to strengthen your claim:
Medical Documentation
Seek professional treatment for your emotional trauma or PTSD. A diagnosis from a licensed mental health professional, such as a psychologist or psychiatrist, can provide solid evidence of your condition. Keep a detailed record of your treatment, including therapy sessions, medications, and any recommendations from your healthcare provider.
Expert Testimony
In some cases, expert testimony from a mental health professional can support your claim. An expert can explain how the traumatic event has impacted your mental health, how PTSD affects daily life, and the necessity of ongoing treatment.
Personal Testimony and Witness Statements
Your personal account of how the trauma has affected your life can be valuable evidence. Describe the symptoms you experience, the limitations they impose, and the impact on your relationships, work, and daily activities. Additionally, statements from family members, friends, or coworkers who have witnessed the changes in your behavior or emotional state can strengthen your case.
How Attorney Scott Scherr Can Help
Pursuing compensation for PTSD and emotional trauma can be a complex process, but Scott Scherr and the experienced attorneys at The Payne Law Group are here to guide you every step of the way. Here’s how we can help:
- Evaluate Your Case: We begin by thoroughly evaluating your case to determine if you have a valid claim for emotional trauma or PTSD. This includes gathering evidence, reviewing medical records, and assessing the extent of your psychological injuries.
- Document Your Emotional Trauma: Our team will work with you to gather the necessary documentation to support your claim. This includes obtaining records from mental health professionals and working with experts to create a strong foundation for your case.
- Negotiate with Insurance Companies: Insurance companies may try to minimize or deny claims for emotional trauma, but we are experienced in negotiating with insurers to secure fair compensation. We will advocate for your right to recover damages that reflect the full impact of your PTSD or emotional trauma.
- Fight for Your Rights in Court: If a fair settlement cannot be reached, Scott Scherr is prepared to take your case to trial. He has extensive litigation experience and is committed to seeking justice for you.
Contact Scott Scherr at The Payne Law Group for a Free Consultation
If you are suffering from PTSD or emotional trauma due to an accident or traumatic event in Brazos County, or anywhere in Texas, you don’t have to face the recovery process alone. Scott Scherr and the Payne Law Group is here to help you seek the compensation you deserve. Contact us today for a free consultation and take the first step toward securing the support you need to rebuild your life.