If you’re wondering whether psychological injuries can be part of your claim, continue reading and speak with a Washington, D.C. injury attorney today.
What Are Psychological Injuries?
Psychological injuries refer to mental and emotional harm that results from a traumatic event or major stressor, like a car accident, assault, or workplace incident. Unlike physical injuries, these affect a person’s mental well-being, mood, behavior, and cognitive function. They can manifest in various ways, including anxiety, depression, post-traumatic stress disorder (PTSD), insomnia, chronic fear, panic attacks, and severe emotional distress. These injuries can severely impact a person’s quality of life, their ability to work, and their personal relationships, making them a significant component of many injury claims.
Can Psychological Injuries Be Part of a D.C. Injury Claim?
Yes, in Washington, D.C., psychological injuries can be a compensable part of a personal injury claim, given that they are directly caused by the defendant’s negligence or wrongful conduct. The law in D.C. allows victims to recover damages not just for physical injuries, but also for pain and suffering, which encompasses emotional distress, mental anguish, and psychological harm.
To successfully include psychological injuries in a claim, you generally must demonstrate two things:
- Direct causation: The psychological harm must be a direct and foreseeable result of the underlying incident.
- Professional diagnosis and severity: The injury should be documented and diagnosed by a qualified mental health professional, like a psychologist or psychiatrist. The more severe the condition and the more it impacts the victim’s daily life, work, and relationships, the stronger the claim for damages will be.
While it is easier to prove a psychological injury when it accompanies a serious physical injury, D.C. courts may also allow recovery for just emotional harm under specific circumstances, such as in claims for negligent infliction of emotional distress, though these are typically harder to prove.
What Compensation Am I Entitled To?
When psychological injuries are successfully included in a personal injury claim, the victim can recover several types of compensation, known as damages. Consider the following.
- Medical expenses: The cost of necessary treatment related to the psychological injury, including sessions with psychiatrists, psychologists, therapists, counselors, and any prescription medications. Future anticipated treatment costs are also recoverable.
- Lost wages and earning capacity: If the psychological injury prevents the victim from working or reduces their ability to earn a living, they can seek compensation for past lost income and future loss of earning capacity.
- Pain and suffering/non-economic damages: This is the most significant category for psychological injuries. It compensates the victim for the intangible harm, including emotional distress, mental anguish, loss of enjoyment of life, chronic fear, insomnia, and the general negative impact on their daily life and relationships. This compensation is subjective and depends on the severity and permanence of the psychological harm.
Reach out to an experienced attorney for more information and legal advice during your case.