Not all injuries suffered in a car accident are physical. Some victims of a crash can suffer emotional and psychological problems due to the experience of being in a crash or from dealing with the aftermath of their injuries. Symptoms can include emotional distress, fear, anger, bouts of crying, depression, loss of appetite, difficulties sleeping, and anxiety. In more extreme cases, the person could suffer from post-traumatic stress disorder, a debilitating anxiety disorder. A person suffering with a mental health problem may need treatment, such as counseling, sometimes on a long-term basis. Can a person suffering with one of these conditions receive compensation from the negligent driver’s insurance company for the treatments he needs?
Avenues of Compensation for Mental Health Treatments After an Auto Accident
To obtain compensation for psychological treatment, you would need to prove that your emotional distress was caused by the car collision and that it is serious enough to warrant treatment by a professional. If you can do so, you may have these avenues for payment for mental health treatments:
- Your own insurance policy. If you have medical payments coverage under your own automobile insurance policy, it may pay for your mental health care. However, these policy amounts are often low, and there may not be sufficient coverage to pay for the medical care for both your physical and psychological injuries.
- Negligent driver’s insurance company. You are entitled to compensation for treatments for any psychological problems caused by the accident from the negligent driver and his insurance company. However, your psychological injuries must be reasonable in light of the seriousness of the accident and the severity of your injuries. If the crash was minor and you suffered few physical injuries, you would have a harder time convincing the insurance company or jury that you are entitled to compensation for these treatments.
What Can You Do If the Insurance Company Refuses to Pay for Your Psychological Treatments?
It may be much more challenging to settle your claim for what you deserve when you suffered emotional trauma and psychological disorders. The amount of your claim may be higher due to these additional medical expenses, and your injuries are less apparent. If your attorney is unable to negotiate a fair settlement, he can file a lawsuit on your behalf. There is still a good chance that he will be able to settle your case before trial once the insurance company is more convinced of your injuries and realizes that you will not accept an unfair offer.
If you or a family member was involved in a car accident caused by another driver, you may be confused as to what to do. The legal team at Tavss Fletcher is here to meet with you in a consultation and review session. Schedule your appointment by calling our office today.