Providing Individualized, Responsive Representation To Every Client

Do psychological injuries after a crash qualify for a claim?

On Behalf of | Jan 6, 2023 | Personal Injury Defense

An injury that results from a crash may file a claim with the insurer for compensation for bodily damage. In some circumstances, however, invisible wounds may take center stage in a court battle that seeks higher financial compensation than perhaps the situation warrants.

Medical records often set the scene for the type of recovery a plaintiff seeks in the wake of a crash. Some may contain invisible injuries, such as psychological pain and suffering.

Is a psychological injury claim valid?

The brain is a mysterious and sensitive organ. The emotional center may drive a person’s mental health into the ground, especially after a physical injury. Psychological claims in the wake of a crash may prove valid, given the totality of the situation. The trick is whether the plaintiff has the appropriate physical injury to sustain the severity of a psychological one.

How can a plaintiff prove a psychological injury?

Someone attempting to benefit financially from a crash may try to take advantage of the situation. For instance, a plaintiff with voluminous medical records and very few conclusive medical diagnoses may pivot and try to file for psychological or harder-to-prove issues. Emotional and psychological pain and suffering are subjective and more difficult to prove. Courts may believe a plaintiff suffers emotionally after a crash, even if there is little to no physical evidence of body trauma.

The burden of proof in a personal injury claim may fall to the plaintiff, but the threshold for invisible injuries may fall lower than physical ones.