Can You Get Compensated for Trauma After An Injury?
There are two types of trauma that people can experience: physical and psychological. Physical trauma could be a medical condition arising from a sustained work practice, such as lifting or using a hammer.
People who receive a physical injury are often emotionally traumatized by the event and the resulting circumstances. Close friends or family who observe an accident may also experience trauma.
In all these cases, it is possible to claim compensation after the event. The legal process can be complex and challenging, however, so a personal injury lawyer is frequently advisable. This article explains how you can seek fair compensation.
Cumulative trauma injuries
In one survey, the incidents of RSI (Repetitive Strain Injury) cases were said to have doubled since 2008. According to https://www.kentuckycourage.com/workers-compensation-attorneys/cumulative-trauma-injuries/ it is important that such conditions are treated as soon as possible as they can lead to neck and back problems, joint replacements, shoulder surgery, and Carpal Tunnel Syndrome.
The actual injuries frequently occur at work, be they at construction sites, hospitals, or factories. They can result from repeated lifting, holding things at unnatural angles, equipment that shakes, or having to stay motionless for sustained amounts of time. An additional issue may be that the workplace provided poorly suited equipment that is unergonomic.
Any claim for compensation will need to be filed as soon as possible. Fortunately, physical trauma does feature under the legal heading of workplace injuries.
Choosing a lawyer for an RSI claim
If a lawyer is involved in this claim, they will be seeking fair compensation for medical costs and treatment, and to reclaim a percentage of the salary that has been lost.
Attorneys may have a challenge on their hands, because the workplace may decide to claim that the injured person already had the condition, or that pre-existing conditions were merely aggravated by the person’s job. The company’s insurance company may alternatively claim the employee hadn’t done their job long enough to sustain such an injury. It is therefore very important to select an experienced lawyer who has a good success record in this area.
Psychological trauma
When a person receives a personal physical injury, it is important that medical photos are taken as early on as possible. This will help reinforce the traumatic nature of what has happened.
It’s also important to obtain a doctor’s report and request a referral to a consultant. This is because doctors are qualified in general medical matters, but a specialist’s report will carry more weight. Witness statements and other professional reports should also be submitted to your attorney.
PTSD
People are understandably traumatized if they are attacked by a criminal or involved in a car, motorbike or truck accident. Post Traumatic Stress Disorder, or PTSD, is a psychological condition which generates three things: physical manifestations (eg sickness, pain, shaking, trembling or sleep loss), mental manifestations (eg panic attacks, flashbacks, stress, anxiety, and depression) and avoidance (eg fear and exaggerated responses to cars after a crash, or dogs after a dog bite).
As with the earlier scenario, it is important to make the claim as soon as possible after the event. In the United Kingdom, people have three years to submit a claim for emotional trauma. The person claiming will have had to experience emotional trauma for several weeks or months at least, in order to be successful with their claim. Consult with a serious truck crash attorney to know everything in detail.
Secondary victims
A personal injury lawyer will advise that there are primary and secondary victims in these legal cases. The claimant will either have been directly involved, or been a first-hand witness to the event. The latter will have had to have been emotionally linked to the victim (a friend or family member).
The impact of a person’s injury on their loved ones and close family may present a strong case worth pursuing. They may now be living with an emotionally vulnerable person who has new physical issues and care requirements.
Work injuries
Personal injuries are frequently sustained at work, so the victim may have a good case for alleging employer responsibility. The lawyer will be trying to provide a strong case for negligence as part of their case.
Claimants need to detail the stress they have experienced, and whether they have been off work as a result. Some people have a loss in earnings because of the event or are forced to take a different job which may pay less. Others have to unfortunately give up work altogether, or have an adapted home to cope with their new permanent disability. These are all key considerations.
Choosing a work injury lawyer
It is important to choose an attorney who receives good reviews and zero complaints. They will need to be physically situated in the area that the event occurred. They should be familiar with the person’s situation, and competent at gaining successful outcomes.
Because of the sensitive nature of dealing with trauma, it is equally important to choose a lawyer one feels relaxed with. If there is no rapport, it will be difficult to discuss the distressing side of the incident and the subsequent emotional issues.
It is comforting to know that most lawyers offer free consultations and have a ‘no win no fee’ policy. A lawyer will therefore be unlikely to take on a case unless they feel they have a fighting chance.
If the other party has admitted liability, the lawyer may be able to obtain an interim payment for the claimant, before the ultimate settlement has been reached. This would help the victim to stay financially afloat. All these factors contribute to making the legal process less stressful for people who are already emotionally vulnerable and feeling unwell.
It is clear that people shouldn’t discount their chances of receiving compensation. It is possible to seek justice after the event, and personal injury lawyers can help massively. They can be the advocate for someone who is not feeling strong enough to battle employers and insurance companies alone.
If a satisfactory financial resolution is not received, the lawyer will be the victim’s voice in court. They may even pursue the matter all the way to the government if the legal outcome is unsatisfactory.
Swift action on the part of the victim may pay the dividends of a favorable financial outcome. Whilst one cannot put a price on trauma, it is true that financial compensation can improve a person’s lot, and reduce their anxiety levels.
