Psychological Injuries
Make sure your doctor documents your symptoms
Psychological injuries are very hard to prove. However, they can be successful.
The most critical thing to be successful is that these injuries had an actual medical manifestation. You must go to the doctor, mental health provider, physiologists, or someone that could testify that you have suffered this type of injury.
If you are claiming psychological injuries, you must overcome the presumption “that you are making it up.” I know this should not be the case, you are the victim. However, with so many people out there making frivolous claims, adjusters are at the defensive 100% of the time.
Psychological injuries are perceived as those people make without any documentation. Anyone can claim that they cannot sleep or they are in constant fear of something.
If you are in this situation, you must go to a doctor to diagnose you and to get your symptoms documented in paper. Then, you must look for a good physiologist that can diagnose and assess your injury.
Get a great Bodily Injury E-book for more key information
You will be looking at what future treatment the psychological will require. Make sure the suggested future treatment is documented by you doctor.
Claim adjusters will imply that most psychological are fixed on their own by simply resting. If you have a medical doctor showing that your injury will require more than just rest, you will ensure you are compensated accurately.
Most psychological injuries and issues could be treated with medicine. If your doctor diagnoses medicine, make sure you buy it. If the insurance company can prove that you did not take the medicine diagnosed, then they will argue that you failed to follow your doctor’s advice.
Many people decide to not take medicine for many different reasons; the insurance adjuster will claim it is because you did not have any psychological injuries to begin with.
The most important thing to remember is that whatever your psychological injuries are; they must be documented by a doctor. Many adjusters and juries want to see more than testimony regarding someone’s fear and psychological well being.
It is helpful to keep a journal of your condition. If you have trouble sleeping, driving, have a lot of anxiety, and just are not yourself, then you need to write it down. Write dates and times. These will help your doctor (and attorney) when evaluating your injury.
Even if you did this, you must be able to show that there was an actual connection (causation) between the accident and the physiological injury.
You could have a very well documented claim and could have a respectable medical doctor backing you up. However, if you failed to show the causation between the accident and the injury, you case will fall short.
Remember that with any kind of bodily injury claim, you are really setting yourself to go to court. Therefore, your doctors’ reputation will be put to the test. Even in arbitrations and mediations, adjusters, attorneys, and judges, will discuss your doctors’ reputation.
If you are considering making this type of claim, please consult with an attorney. They can guide you and tell you if your claim has any chance of success.
Insurance companies are not on your side—talk to a personal injury attorney before you make any decisions! Fill the form below or call toll free at (866) 493-7760
Ask a Lawyer Now!
Follow the links below for more information about accident injuries, bodily injury claims, and what to ask when making this type of claim.
1. Who can make a bodily injury claim
2. Reserving your bodily injury claim
3. Soft Tissue Claim Part I
4. Permanent Injury Claim
5. Medical bills, medicine, expenses
6. Loss of Wages
7. Loss of Earning Capacity
8. Loss of Business Income
9. Loss of Consortium
10. Loss of Quality of Life
11. Loss of Essential Services
12. Future Treatment and Expenses
13. Pain and Suffering
14. Prior Injuries
15. Psychological Injuries
16. Personal Injury Claim Settlement (evaluation of a claim)
17. Car Accident Injury Claim and Burden of Proof
18. What affects compensation for back and other injury claims
19. A word about Head Injuries
Making a Personal Injury Claim: Steps 1 to 5
Making a Personal Injury Claim: Steps 6 to 10
Pain and Suffering Reimbursement
Injury Demand Letter - How to write one
When to write an Injury Settlement Demand Letter
The Actual Injury Demand Letter (Format)
