As you focus on healing from your physical injuries after a personal injury accident, you may realize the psychological effects of the trauma are just as debilitating as the bodily harm you've suffered.
This is especially true if you've sustained a traumatic brain injury (TBI), which can affect your mood, behavior, and emotional well-being. Depression, anxiety, PTSD, and personality shifts are all possible after a brain injury.
Experienced car accident lawyer Matthew A. Lathrop understands the devastating impact a brain injury can have on a person's mental health and overall quality of life. He fights tirelessly to ensure that TBI survivors in Nebraska and Iowa receive full and fair compensation for the physical and emotional effects of their injuries.
If you or a loved one are struggling with the psychological effects of a TBI, you have the right to seek damages for the disabilities you're facing. Here’s how mental health issues relate to TBI cases and why they matter in your personal injury claim.
Mental Health Effects of a TBI
Even a mild concussion can spark significant changes in your mood, personality, and psychological well-being. A TBI can lead to several mental health issues, including:
- Depression. Feelings of sadness, hopelessness, and loss of interest in activities are common after a TBI.
- Anxiety. TBI patients often struggle with excessive worry, restlessness, and tension. Issues like generalized anxiety disorder (GAD), panic disorder, and phobias are more prevalent in people with TBIs.
- Post-Traumatic Stress Disorder (PTSD). Flashbacks, nightmares, avoidance behaviors, and hypervigilance are common symptoms of PTSD. The trauma of the accident and the stress of recovery can trigger this debilitating condition.
- Personality changes. A TBI can change a person's behavior, emotions, and impulse control. Family members may feel like they're living with a stranger as their loved one becomes more irritable, aggressive, or socially inappropriate.
For many TBI victims, these psychological symptoms create a cycle of suffering. They can strain relationships, derail careers, and rob survivors of the joy and fulfillment they once found.
Proving Psychological Damages
You'll need evidence to prove the extent of your psychological injuries and their impact on your life. Evidence may include:
- Medical records documenting your diagnosis and treatment
- Statements from mental health professionals
- Neuropsychological test results
- Testimony from family and friends about changes in your mood and behavior
- Documentation of missed work or decreased productivity due to psychological symptoms
An experienced personal injury lawyer can help you gather this evidence and build a comprehensive picture of how your depression or other mental health challenges have disrupted your life. They may bring in expert witnesses, such as psychiatrists, to testify about your prognosis and future mental health needs. Your lawyer can fight for a settlement or court award that reflects the true extent of what you've lost and what you'll need to move forward.
How Courts Value Psychological Damages in TBI Cases
When calculating compensation for the psychological effects of a TBI, courts consider several factors that impact the valuation of these invisible but life-altering damages, such as:
- Severity and duration. Chronic conditions that require ongoing treatment are typically worth more money in court than short-term issues that get better with minimal treatment.
- Impact on life. Courts examine how mental health issues affect your ability to work, maintain relationships, and enjoy activities you valued before the accident.
- Cost of past and future treatment. This includes therapy sessions, psychiatric consultations, medication, and potentially residential treatment programs for severe conditions.
- Preexisting conditions. Many courts also consider whether your psychological conditions existed before the injury or developed as a direct result of the brain injury. Preexisting conditions that were worsened by the trauma may still qualify for compensation based on the degree of exacerbation.
Insurance companies often try to pay less by claiming your mental health conditions are unrelated to the injury or existed before the accident.
Don't underestimate the value of having someone who will fight for your rights. Depression and other psychological effects of a TBI are real, and you deserve fair compensation.