Surviving an accident is difficult.
Dealing with trauma after an accident is overwhelming.
But filing a personal injury claim? That can be torture.
Here’s the reality attorneys know but insurance companies don’t want you to understand…
Trauma responses matter in a personal injury claim. As much as your physical injuries do.
If you’ve survived an accident, traumatic event, or injury-causing incident, your psychological responses to the experience may qualify as diagnosable injuries that can — and should — be included in your claim.
Failure to recognize and properly document these injuries can mean lower compensation or leave you with devastating debt. When both body and mind have been affected, let a Dallas personal injury attorney help document those injuries and build the strongest possible claim.
Not sure where to begin?
Keep reading for answers to the most common questions from accident survivors.
What Is a Trauma Response?
How Does a Trauma Response Impact My Claim?
What Does a Negligence Liability Attorney Look For?
Legal Timelines for Personal Injury Cases
Mistakes That Can Make a Bad Case
What Is Considered a Trauma Response After an Accident?
A trauma response is the physical brain’s reaction to a stressful or life-threatening situation.
Pretty much anything can cause symptoms of trauma. The event doesn’t even need to directly impact you.
Often how you perceive an event matters just as much as what actually happened.
But even if you walk away from an incident relatively unscathed, that doesn’t mean you aren’t suffering psychologically.
Some common examples of trauma responses include:
Flashbacks/replaying the event over and over in your head
Anxiety/panic attacks/general inability to feel safe or calm
Nightmares
Sleeping problems
Avoidance of triggers/reminders of the event
Feeling numb or unable to react emotionally
Not sure if you’re experiencing symptoms of trauma? About 1 in 5 people develop PTSD after a car accident, according to recent research. That means if you haven’t been officially diagnosed with PTSD, chances are someone else with similar injuries has.
Remember: Trauma symptoms aren’t weakness. They’re documented medical conditions.
How Can Trauma Responses Impact My Legal Claim?
Trauma responses are medical conditions that require professional care and treatment.
They also impact how you behave after an accident.
Insurance adjusters know this. An experienced negligence liability attorney understands it, too.
Trauma responses can cause survivors to:
Provide inconsistent statements/details about the incident or injuries
Delay seeking medical treatment (because seeing a doctor seems too difficult)
Accept early settlement offers to end the legal process
Avoid follow up appointments (creating gaps in medical records)
Does this sound like you? Know someone who falls into these categories?
While these actions can negatively impact a claim, your negligence liability attorney should never use them against you. That’s because these are common symptoms of trauma — not evidence that your story isn’t valid.
What Should a Negligence Liability Attorney Be Looking For?
When investigating and building your case, a personal injury attorney should look for:
Treatment Records
Including mental health diagnoses like PTSD, anxiety, and depression.
Insurance companies often dispute mental health injuries in claims because they can’t be seen on X-rays and MRIs. But that doesn’t mean they aren’t real.
If you are seeking psychological counseling after an accident, documentation from your therapist will be crucial for your claim.
History of Therapy and Medical Treatment
In addition to noting specific diagnoses, your attorney will want to see a consistent record of treatment.
If you stop going to therapy, miss appointments, or cancel follow-up doctor visits, defending counsel will use these gaps to argue that your injuries weren’t serious.
Remember, there’s no shame in needing therapy after a traumatic event. Don’t let insurance companies make you feel that way.
Continued Trauma Symptoms That Affect Your Ability to Work
Are you having a hard time concentrating? Is going to work stressful or impossible?
Symptoms like these can impact your ability to earn a living. They may also be used to justify a lower compensation amount. Document these struggles and share them with your attorney.
Understanding Legal Timelines in Personal Injury Claims
The legal process takes time.
Nobody likes to hear that when you’ve been injured and are probably facing mountains of bills.
But there’s really no way around it.
Insurance companies are backed up by sheer volume of accident cases. And because most accidents are settled outside of court, there’s little motivation for timely resolutions.
Here’s what you can expect from your case:
- The accident — Currently, over 6,500 people are injured each day in motor vehicle accidents. If you were in an accident, document everything you can remember as soon as possible — including any immediate psychological trauma symptoms you experience.
- Medical treatment — Seek medical attention as soon as possible. This includes mental health treatment if you start experiencing trauma symptoms. Your attorney will want to see documentation that you went to the doctor and followed up on recommendations.
- Consult your attorney — Don’t file any insurance claims, accept any settlements, or provide any statements without talking to an attorney first. Your negligence liability attorney will determine liability and scope of damages before advising you on next steps.
- Investigation period — After meeting with you, your attorney will begin gathering documents and evidence to support your claim. This may include medical records, witness statements, expert testimonies, and more.
- Demand letter — Negligence liability attorneys will typically send a demand letter to the insurer detailing your injuries and what fair compensation looks like. The insurance company will then respond with a counteroffer and negotiation will begin.
- Settlement or trial — Statistics show that approximately 95% of lawsuits are settled outside of trial. Whether your case is resolved in court or through a settlement with the insurance company, your attorney will walk you through every step of the process.
Knowing what to expect can help you feel more in control of your case.
Three Mistakes That Can Ruin Your Case
As with medical treatment, there are certain actions you should avoid when filing a legal claim. Here are the biggest mistakes accident survivors make.
Posting on social media.
Want to know what insurance companies do while your claim is pending?
They investigate you on social media.
Photos, event check-ins, captions — you name it. If you wrote it on social media, an insurance adjuster can (and likely will) use it against you. As hard as it may be, try to stay off social media until your claim is settled.
Skipping medical or therapy appointments.
Follow your attorney’s advice and keep up with your treatments. Missing appointments gives the insurance company room to argue that your injuries aren’t severe.
Providing a recorded statement without your attorney present.
Insurance adjusters are skilled at using language to downplay trauma symptoms and injury severity. Don’t give a statement to the insurance company without talking to your negligence liability attorney first.
If you take away anything from this article, let these tips be it.
You don’t have to navigate the legal process alone. Prevent these mistakes and hire an attorney to protect your rights.
Damages sustained in an accident are designed to help you return to the position you were in prior to the accident.
That means your physical injuries, yes. But it also includes any psychological trauma you experienced as a result.
Contact a personal injury attorney today to learn more.