What are psychological injuries in Personal Injury Law?

At Swartz & Swartz PC., we know that victims of car accidents, slip and falls and other types of personal injuries usually result in some sort of physical harm.

However, sometimes, along with the physical harm, personal injury victims also suffer psychological injuries that significantly affect their life and the lives of their loved ones as much as their physical injuries.

At Swartz & Swartz, we are serious about mental health – that’s why we felt it was important to explore this often-overlooked area of law.

In Personal Injury Law, a psychological injury is some type of mental harm, suffering or condition that is a direct result of another person’s negligent actions. When a psychological condition results from a traumatic or tragic event that leads to a civil suit, it is called a compensable psychological injury. You may be surprised to learn that psychological injuries can involve a number of conditions including chronic pain, traumatic brain injury, anxiety and depression, humiliation, as well as post-traumatic stress disorder (PTSD).

While our lawyers at Swartz & Swartz P.C. specialize in traumatic brain injury lawsuits, our experienced team is able to work with you no matter which type of psychological injury you have suffered. Just like for personal injury claims, our lawyers will work to prove:

• Duty of Care: A legal obligation that requires an individual to exercise a reasonable level of care to prevent harm to others.
• Breach of Duty: An individual or entity may be considered negligent if they breach their duty of care.
• Causation: The defendant’s negligence must have been a direct and proximate cause of the injuries alleged.
  Damages: For a victim to file a claim, the injury must have caused economic or non-economic damages.

An important element of any psychological injury case is medical expertise. That’s because unlike a physical injury that shows up on an x-ray or a CT scan, a psychological injury is harder to quantify, prove or even “see.” Swartz & Swartz PC. has access to a nationwide panel of medical experts who can speak to how a psychological injury was caused, and importantly, its affect on the person experiencing it.

We also work with a team of economists who can help determine the economic damages resulting from a psychological injury. Injuries that are psychological in nature are categorized as “non-economic damages” and they are less easily quantifiable in dollar terms. Our economists can help put a real dollar value on your psychological suffering.

Another key element in psychological injury cases is documentation – specifically from the victim about what they have been through and the toll that a traumatic incident is taking on their mental health. That’s why it’s so important to write down for your attorney everything you are experiencing. It’s also a good idea to talk to your doctor so that they also have a record of your mental anguish, and can determine a proper course of treatment.

At Swartz & Swartz PC., assisting our clients with their mental health claims is a top priority. If you, your loved one or someone you know has experienced a psychological injury give us a call. We are committed to working with you to get the justice you deserve.