Understanding Psychological Trauma in Public Transportation Accidents
When you are involved in or witness an event that is so overwhelming you can’t properly process it emotionally and mentally, you can be left with psychological trauma. This can occur in a wide range of situations, including in motor vehicle accidents that are especially scary or cause catastrophic injury.
Because of the nature of the vehicles involved in public transportation incidents like bus accidents, as well as the number of people involved and the lack of control you may feel as a rider, psychological trauma might occur even without a serious physical injury.
In California, it is possible to seek economic and non-economic damages related to psychological trauma. However, this type of personal injury case does come with some unique challenges.
Common Psychological Effects of Public Transportation Accidents
Before you can seek compensation for the mental health damages you may have sustained in a public transportation accident, you have to know what type of trauma effects to look for. Some common psychological effects associated with such accidents can include:
- Post-traumatic stress disorder. If you are dealing with PTSD, you may repeatedly experience distressing memories of the accident. They may come in the form of flashbacks or simply intense feelings triggered by sounds, sights, or other sensory experiences.
- Depression. If you’re struggling with feelings of hopelessness and sadness related to your trauma or experience depression after the accident when it was never an issue before, you may have psychological effects from the trauma.
- Problems sleeping. Trauma can make it difficult to fall asleep or stay asleep. It might also cause you to have bad dreams.
- Anxiety disorders. After a traumatic incident, some people develop severe anxiety that causes them to worry excessively, particularly about situations related to their trauma.
- Development of new phobias. It’s possible to develop a debilitating fear after a trauma, such as being so scared of being in a moving vehicle that you can’t ride in or drive a bus, car, or truck.
Documenting Psychological Trauma
To successfully seek compensation for losses related to psychological trauma, you must demonstrate that it exists and that the accident in question was a causal factor in it. As in most auto-related personal injury cases, you’ll also have to demonstrate negligence or liability on the part of another.
Some methods of documenting psychological trauma and its damaging impact on your life can include:
- Copies of medical records. This might include copies of history and physical reports, therapy notes, psychologist notes, and medication prescriptions.
- Your own records and journal entries. In some cases, your own journal entries or other written or recorded data might be able to paint an effective picture of how much the trauma related to a public transportation accident impacted you.
- Expert witness testimony. Unbiased experts may be able to explain the impact of trauma in your life or review records and make qualifying statements about the psychological injury you’re dealing with.
- Testimony from friends and family. Testimony from those who knew you before the accident and who have experienced life with you after can help create a narrative that shows you the psychological effects that have negatively impacted you and your life.
- Performance records. Records of your work or academic performance can also help create this narrative. For example, if someone was previously a top performer and they’re barely getting by after a traumatic incident, that can be strong evidence of the damage resulting from the trauma.
Challenges in Proving Psychological Trauma in Court
Seeking compensation related to psychological trauma can be challenging. A few specific challenges you might face in a case involving a public transportation accident include:
- Proving the damages exist. While psychological trauma such as acute stress disorder very much exists, it is not always something that is tangible. This can make it difficult to demonstrate in court.
- Symptoms can be subjective. Psychological symptoms vary from person to person and can be subjective in nature. This lack of consistent presentation can make it hard to gauge the impact of the trauma on your life.
- Calculating compensation. Non-economic compensation isn’t based on a specific calculation or expenses. While you may be able to seek some specific compensation for medical bills or lost wages related to psychological trauma, if you want to seek compensation for pain and suffering, you may face additional challenges.
- Arguments about pre-existing conditions. The defense may try to argue that your mental health issues predated the accident in question. It can take a lot of work and presentation of evidence to prove this is not the case.
How a Personal Injury Attorney Can Help Maximize Your Claim
One of the best ways to ensure you have as strong a case as possible when you are seeking compensation for psychological trauma following a public transportation accident is to work with a knowledgeable attorney. Choose someone who has experience with bus accidents and who is willing to take the time to hear your story and help you understand what your options are.
If you or someone you love was injured in a public transportation accident, you have options for seeking compensation for your losses. To find out more about those options, call The Paris Firm at 909-325-6185 today.