More than Meets the Eye: Psychological Damage After an Auto Accident
Following an auto accident, the EMT and hospital staff will check you over physically. They will feel for broken bones, scan for internal injuries, and look for bruises. No one will be asking if you are emotionally fit, or examining you for signs of post-traumatic stress disorder (PTSD), incipient depression and anxiety, or problems sleeping. The legal system does offer remedy, but it is important to work closely with a legal professional with experience in this area.
If you were in an accident and are suffering any type of mental ailment as a result, you may be entitled to compensation and wish to discuss your case with a knowledgeable Delaware personal injury attorney from Silverman, McDonald & Friedman. We have extensive experience representing clients in and around Wilmington, Newark and Seaford who have been psychologically as well as physically impacted from an auto accident.
Numbers do not lie
It is actually more likely than not for someone who has been in an auto accident to feel some type of emotional trauma, regardless of whether they were physically injured. Researchers have suggested that, due to their frequency, motor vehicle accidents are the leading causes of PTSD. Some people have even be traumatized and suffered from PTSD symptoms after witnessing an auto accident happen near them on the roadway. For victims who do not exhibit full-blown PTSD, anxiety or distress may manifest the following symptoms:
- Emotional outbursts
- Changes in personality
- Increased irritability, agitation, shame or anxiety
- Depression, sometimes brought on by “survivors’ guilt” or feelings of self-blame
- Self-harming or suicidal thoughts or behaviors
- Cognitive difficulties, including memory loss, confusion or trouble making decisions
- Fatigue, insomnia or excessive sleeping
- Chronic pain
- Weight gain or loss
Given that over 24,000 accidents leading to injury or property damage over $1500 occurred in Delaware in 2015, the number of citizens walking around carrying these mental burdens is also significant, under-recognized and potentially under-addressed.
How you legally prove mental pain
There is no question that victims in auto accidents can suffer these ill effects that go largely undetected. The very nature of these “invisible” symptoms makes some clients hesitant to seek damages for their very real pain, suffering and mental anguish. The first recommendation we always make is for our clients to seek professional mental health treatment. Not only will this professional help to treat your symptoms as much as possible, they will also help establish the narrative supporting your claim.
Keeping a journal is another strong suggestion, as this too will both help a victim process his or her experience and create a physical evidentiary trail. If you have been prescribed any medication to cope with symptoms of mental trauma after a car accident, those receipts can be helpful. A final source of evidence might be letters or statements from loved ones, employers, coworkers, friends, and religious leaders explaining how they have seen the symptoms manifest over time and their impact. Not only will these letters help build a strong legal case, they can also remind the victim of the strong social support system in their lives of individuals who wish to help.
Our experienced Delaware auto accident attorneys at Silverman, McDonald & Friedman are here to fight for you after any type of injury—physical, mental or emotional—sustained in an auto accident. Contact us by calling 302-888-2900 or filling out our contact form to schedule a free consultation with an experienced attorney in Wilmington, Newark or Seaford today.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.