Not all injuries are visible to the naked eye. After being involved in an accident, many victims experience lasting emotional and psychological effects, such as anxiety, depression, or post-traumatic stress. If you are pursuing a personal injury claim in Florida, you may be wondering whether these types of psychological injuries can be included in your case. Understanding how Florida law treats psychological harm and what evidence is needed can help you protect your rights and pursue compensation. Continue reading and speak with a skilled Panama City personal injury attorney today.
What Are Psychological Injuries?
Psychological injuries refer to mental and emotional harm caused by a traumatic event, such as a car accident, a slip and fall, or a violent incident. Unlike physical injuries, these types of harm is not visible externally but can be equally, if not more, debilitating. They involve disruptions to a person’s mental well-being, cognitive function, and emotional stability resulting directly from the negligence or wrongful act of another party.
In the context of a personal injury claim, psychological injuries are often diagnosed mental health conditions that require professional treatment. Examples include:
- Post-traumatic stress disorder (PTSD): Characterized by intrusive memories, avoidance, negative changes in thinking and mood, and changes in reactivity after exposure to a traumatic event.
- Anxiety disorders: Including generalized anxiety, panic disorder, or phobias directly resulting from the accident. A common example is developing a severe fear of driving after a serious car crash.
- Major depressive disorder (MDD): Persistent feelings of sadness, loss of interest, and difficulty performing daily activities that arise following the traumatic incident and are often linked to chronic pain or life changes caused by the injury.
- Adjustment disorders: Significant emotional or behavioral symptoms that develop within three months of the accident.
- Sleep disorders: Chronic insomnia or nightmares related to the trauma.
These conditions often require extensive therapy, medication, and time to heal, all of which contribute to the damages in an injury claim.
Can Psychological Injuries Be Included in an FL Injury Claim?
Yes, under Florida law, a plaintiff in a personal injury case is entitled to seek compensation for all damages resulting from the defendant’s negligence, and this includes both physical and psychological injuries. In Florida, psychological injuries are typically compensable when they accompany a physical injury, due to the state’s ‘impact rule,’ which generally requires a physical impact for emotional distress claims. Psychological harm falls under the category of non-economic damages, often referred to as pain and suffering.
To successfully include these damages in your claim, the psychological injury must be directly caused by the accident or the physical injuries sustained in the accident. It must be supported by compelling medical evidence. This means you must obtain a formal diagnosis from a licensed mental health professional, such as a psychologist or psychiatrist, who can attest that your condition is a direct result of the traumatic event. Documenting the need for and cost of therapy, counseling, and medication is crucial for calculating your claim.
