There can be more than visible injuries resulting from a car accident. Some survivors may experience anxiety, depression, PTSD, or a permanent phobia of driving. If mental anguish is linked to the accident and can be demonstrated to affect a person’s life, then this can be part of a Texas personal injury claim. Getting that reimbursement will take current and consistent documentation and legal advice.
Prompt treatment and medical records will often help to make the claim understandable. Joe I. Zaid & Associates can offer advice regarding fault, medical evidence, and insurance negotiations. The following factors are the reasons why survivors should make sure to document and discuss with their attorneys. Timely and well-coordinated documentation can enhance each claim.
Texas Claims Can Include Mental Anguish
In Texas, mental anguish is one of the non-economic damages that are recognized in a personal injury case. In order to make a claim, a party must show that the distress has resulted from the collision and demonstrate its extent, duration, and impact. Good documentation can help clarify whether the trauma occurred as a result of the crash or due to an unrelated stress and can resolve conflict about preexisting conditions.
Medical costs are not the same as mental anguish, as you don’t have a set invoice. Emotional distress, trouble sleeping, fear, decreased enjoyment, and personal relationship changes may all be covered by compensation. This may vary based on evidence and circumstances of the injury.
What Qualifies as Accident-Related Trauma?
A mental illness is not the same as a hospital condition, which is a condition that is treated in a hospital by physicians and nurses under the direct supervision of the hospital. A severe accident may result in anxiety disorders, nightmares, depression, fear of driving, and post-traumatic stress disorder.
A diagnosis by a qualified mental health practitioner is more likely to be believed than a simple declaration that the survivor feels distressed. Treatment records should include details of symptoms, onset, diagnosis, treatment, and impact on work or daily activities.
The survivor should also discuss emotional symptoms with a primary care physician. It is possible for symptoms of PTSD to sometimes not appear until weeks after a trauma. Records linking physical injuries to psychological symptoms provide a clearer picture following the crash.
Evidence That Supports Compensation
Typically, several kinds of evidence are used to support a well-documented claim. Useful records include:
- Evaluation and notes for mental health.
- Prescriptions, therapy invoices, and appointment history.
- Statements made by a family member, co-worker, or close friend.
- Records of missed work or decreased performance.
- Symptom journal documenting sleep, panic, driving restrictions, and changes in daily functioning that are dated.
An accident report, photos, witness statements, and medical records can help determine what was happening before the emotional symptoms were present. If you have a personal journal, it’s important to keep it factual and dated. It should be descriptive and not use hyperbole.
In a treatment gap scenario, a claim does not immediately lose; however, insurers are likely to ask for an explanation of any delay. A survivor should speak with a provider about challenging issues and maintain records documenting the challenges.
How Insurers Evaluate Psychological Injuries
Anxiety, depression, and counseling in the past are routinely questions asked by the insurance adjuster. A claim remains if it is claimed under a previous condition. Texas statutes allow for recovery when a crash exacerbates a pre-existing condition, as long as there is medical evidence to back that up.
An insurance company may also ask if there has been another event that has brought on the symptoms. Those arguments are made more difficult if treatment is consistent, early diagnosis is made, and statements are congruent with the medical timeline.
Before accepting a recorded statement, a claimant should think about the legal consequences. Later, casual descriptions of recovery or of daily living or of previous symptoms may contradict the claim.
What Compensation Can Cover
Mental anguish damages compensate for anguish you experienced, not the actual monetary loss. Medical treatment, lost income, reduced earning ability, and physical pain and impairment are other claims when backed by evidence, are all part of a claim.
There is no standard calculator used for mental anguish in Texas. A jury or insurer will look at the type and severity of trauma, treatment required, how it affected the person’s normal functioning, and if the trauma was caused by the collision.
If the claimant does not establish that another driver was at fault, the fault will be denied. Police reports, traffic footage, witness statements, and vehicle damage are some of the ways to prove liability.
Important Timing and Next Steps
In Texas, the statute of limitations for personal injury lawsuits is two years from the time of the injury. There are some facts that can alter that deadline, and waiting for symptoms to go away is unnecessary risk.
A survivor is encouraged to seek medical attention, follow the treatment plan, save all these documents, and not post about the claim on social media. An interview with a personal injury attorney will help to clarify what damages are available, any insurance coverage, and the time limits for filing a case.
Conclusion
Medical evidence that demonstrates the impact of a mental health trauma following a car accident can help support compensation. Once injured, a survivor is required to report symptoms early, seek recommended treatment, keep records, and not settle until the injury has become obvious. Texas claims require proof, deadlines, and insurance issues, and having a personal injury lawyer on your side gives you the time necessary to gather evidence and to assess the extent of your claim.
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