Can I Claim Damages for Psychological Trauma in a Catastrophic Injury Case?

Experiencing a catastrophic injury due to another person’s negligence can be expensive. But you may feel that reimbursement for your medical bills and time off work isn’t enough to make up for the accident. Can you claim damages for psychological trauma and other emotional costs as well?

You can claim damages for psychological trauma as long as you and your catastrophic injury lawyer are able to prove this damage. 

Psychological Trauma Is Often a Non-Economic Damage

Personal injury cases often give rise to two types of damages: economic and non-economic. Economic damages account for the direct monetary consequences of the accident, like medical care, property damage, and loss of income. Non-economic damages help make up for the physical and mental impact of the accident. 

Catastrophic incidents can be incredibly traumatic. Along with the diagnoses for physical ailments you receive, a mental health provider may also diagnose you with post-traumatic stress disorder (PTSD). Even if you do not have an official diagnosis, you may feel incredibly anxious, stressed, or distraught after the accident. 

Even though psychological trauma might not have a direct price tag, it is a consequence of your accident. With the help of a catastrophic injury lawyer, you can claim this non-economic damage, seeking compensation to help make up for it.  

Other Non-Economic Damages You Can Claim 

Several non-economic damages are common in catastrophic injury claims, such as:

• Emotional distress
• Pain and suffering
• Mental anguish
• Loss of quality of life
• Loss of companionship (in a wrongful death case)

Proving Psychological Trauma and Other Non-Economic Damages

Psychological trauma is an example of non-economic damage you can claim through compensation claims. But to effectively claim this damage, you need to provide evidence that: 

• You are suffering from psychological trauma
• The trauma occurred directly because of the accident

Your catastrophic injury lawyer can help you collect evidence to prove each of these points. Compelling evidence may include:

• Expert testimony from medical professionals detailing how the accident would have caused psychological harm
• Medical reports and records showing the specific psychological effects of your accident
• References to other catastrophic injury cases that have given rise to psychological trauma damages
• Testimony from friends and family members who can verify how the accident has impacted your life. 

How Do You Calculate the Value of Psychological Trauma in an Accident Case? 

How much is psychological trauma worth in a catastrophic accident case? Your catastrophic injury lawyer can calculate the value of this damage, along with other non-economic damages, through a few different methods:

• Multiplier method: Multiplying the economic damages by a specific factor ranging from 1.5 to 5. The factor is based on the severity of the injury and the number of non-economic damages you are claiming. 
• Per diem method: Assigning a daily value to your psychological trauma and multiplying that by the number of days you are expected to experience emotional harm

Your attorney can also refer to similar cases to determine the average value of psychological trauma in catastrophic injury cases. 

Seek the Maximum Compensation With Our Catastrophic Injury Lawyers

Claiming damages for psychological trauma and other non-economic expenses can help you start to feel whole after a catastrophic injury. Our attorneys at Cantor, Wolff, Nicastro & Hall LLC can help you seek the maximum compensation for all your economic and non-economic damages. 

We will collect compelling evidence to support your psychological trauma and tie it directly to the accident. Contact us today at 716-848-8000 or fill out our contact form to schedule a free case evaluation with a catastrophic injury lawyer.