Psychological Damages
A traumatic event can cause more emotional than physical injury, and law professionals are faced with the question of how to best handle a case when the biggest damages are psychological.
The Law Offices of Edward A. Smith has handled many cases where the main component of general damage was mental/emotional. In some instances, there were physical injuries, and those injuries resolved, but the emotional damage remains because the causative event was so terrifying or traumatic. Psychological symptoms can be life-altering for the client, and it is necessary to make those emotional injuries come to life so that the client can be adequately compensated.
The Role of the Mental Health Professional
An experienced mental health professional should be able to not only treat the client but enlighten a jury about the client’s hardships caused by emotional distress. They should be able to give a clear picture of the effect the psychological symptoms have on the client’s daily life. The mental health professional will also be able to project the need for future treatment and offer a prognosis.
There are two types of mental health professionals: psychiatrists and psychologists. Psychiatrists are medical doctors and receive a medical school education, where they learn about all functions and systems of the human body. After medical school, a psychiatrist will complete a residency to specialize in psychological conditions. They can diagnose conditions and prescribe medication.
Psychologists are not trained in medical school but do have advanced degrees in fields related to psychology. Psychologists can diagnose clients under The Diagnostic and Statistical Manual of Mental Disorders (DSM). They can administer psychological tests and are trained experts in therapy that focuses on a patient’s emotions.
Both types of professionals can be useful to a claim for psychological damages, and in some scenarios, it may be beneficial to have them work in tandem.
The Role of the Lay Witness
Perhaps more than in other types of cases, the testimony of lay witnesses is crucial to illustrating the psychological damage claim. Important lay witnesses who know the client well, such as friends, family members, co-workers, caregivers, and teachers, can testify as to how the client changed following the traumatic event.
One key role of the lay witness is to present the activities that were important to the client before the traumatic event and describe how the client’s ability to enjoy those were altered in the aftermath.
Emotional Injuries Have Many Names
It helps to be specific about the type of symptoms from which the client suffers. Part of illustrating that is clearly labeling the psychological injury. The terms “pain and suffering” and “emotional distress” have a tendency to fall on deaf ears. The phrases are used with such frequency in legal matters that the meaning and significance can become lost. More descriptive terms to describe the emotional damage should be used by the lay witnesses. Words such as hopelessness, terror, shame, are vivid and relatable.
Experts may be able to provide a diagnosis post-incident that was not present in the client’s life before the event. Most commonly, a mental health professional will assess Post Traumatic Stress or a related condition, but that is not the only condition that can result from experiencing trauma. Clients may develop panic disorder, various phobias, depression, or Generalized Anxiety Disorder.
The Ultimate Goal
Using descriptive language, establishing a correct diagnosis, and finding the most persuasive expert and lay witnesses can assist in reaching the ultimate goal, which is adequate compensation for a sometimes overlooked but often life-altering element of general damages.
Watch YouTube Video: How Injury Affects Mental Health. In the following video, athlete, Erin Finn shares her heartbreaking story of how two separate injuries at the height of her success caused emotional damages to her health.
North Highlands Brain Injury Injury Lawyer
I’m Ed Smith, a North Highlands Brain Injury Lawyer. If you or a member of your family have questions about psychological damages after an accident, we would be happy to help. You can reach us at (916) 921-6400 or (800) 404-5400 for free and friendly advice. You can also contact me online.
I’ve helped North Highlands residents for decades with all types of personal injuries matters.
I am a proud member of the Million Dollar Advocates and the National Association of Distinguished Counsel.
Learn about my practice by visiting the pages listed below:
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