Personal injury cases are commonly associated with visible physical injuries like broken bones, cuts, or bruises. But what about the kind of injuries no one can see?
Psychological injuries can be just as debilitating as physical injuries, if not more so. And yet, they are usually overlooked or underestimated in Florida personal injury cases. This lack of focus on psychological injuries is a big problem that needs to change to make sure victims get the justice they need.
Below, this personal injury attorney in Lakeland, Florida is going to discuss some of the key things individuals should know about psychological injuries, and we’ll also explain how they are addressed in Florida law.
What do psychological injuries mean in personal injury cases?
Psychological injuries include different mental health conditions like anxiety, depression, post-traumatic stress disorder (PTSD), and long-term emotional distress. Although these injuries don’t leave visible scars, they can badly affect the victim’s quality of life. They can wreck your relationships, affect your work performance, and suck the joy out of things you used to love doing.
Research from the National Alliance on Mental Illness (NAMI) shows that nearly 1 in 5 US adults experiences mental illness every year. Many of these mental health challenges come from traumatic events like accidents or incidents of negligence.
Proving psychological injuries in Florida personal injury claims is particularly difficult due to a unique legal standard called the “Impact Rule.” Under this rule, victims generally must show that their mental or psychological suffering is directly caused by the physical injury they suffered in the accident.
In other words, psychological trauma alone (no matter how severe) may not meet the threshold for legal compensation in Florida if there is no physical injury.
Does this rule sound fair to you? If not, you will want to know how it works and the possible exceptions to this rule.
A brief explanation of Florida’s Impact Rule.
The Florida Impact Rule is a legal principle that makes it harder for victims to claim compensation for psychological injuries unless they also got physically hurt. Although this rule exists to keep people from filing baseless claims, it can feel like an unnecessary hurdle for people who are genuinely suffering emotionally.
There are some exceptions to this rule, however, as courts can sometimes allow victims to claim compensation for psychological injuries even without a physical injury. For example, if you saw something horrific (like a loved one’s traumatic death) or if someone intentionally caused you emotional harm, you will probably be able to get around the rule.
Figuring out if your case fits into one of these exceptions is not easy. If you really want to identify all applicable exceptions and build a strong case, it may be necessary to partner with an experienced personal injury attorney in Lakeland, Florida.
The importance of taking psychological injuries seriously.
Recovering from psychological injuries can be a long and expensive process. We are talking months (or even years) of therapy sessions, medications, and missed work. All those expenses add up.
To give you some context, a single therapy session in the US can cost anywhere from $100 to $250 for someone without insurance. Even with insurance, copays for therapy can range from $20 to $60 per session. When you consider that someone recovering from trauma may need therapy for 12 to 18 months or longer, you can understand why psychological injuries need to be taken as seriously as physical ones.
An experienced personal injury attorney in Lakeland, Florida will know how to calculate a dollar amount on your psychological injuries. They will collect all the necessary evidence, like therapy bills, medical records, and even expert testimony, to show exactly how much you have been through.
Looking for a Personal Injury Attorney in Lakeland, Florida?
Have you suffered injuries (physical or psychological) due to someone else’s negligence and want to file a personal injury claim? If so, and if you’re ready to partner with an experienced personal injury attorney in Lakeland, Florida who can guide you through the process, Tonya Stewart and her legal team are the people to call. Contact Tonya Stewart Law PA today at (863) 279-4473 to schedule a free consultation.