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Pain And Suffering After An Auto Accident. Is A Decline In Mental Health Something That Would Qualify? [az]

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I’m going to preface this post saying that I’m not trying to get some big payday. A few people close to me that know all of this information are telling me to get a lawyer because while I do have bodily injuries and will be seeking payment for my medical expenses, they believe I should seek pain and suffering damages because of how the accident impacted my mental health. I don’t know if that’s an actual thing or not or if it sounds like I would have a legitimate claim if it is.

I will try my best to make this as short as possible. I was voluntarily admitted to a mental health facility due to my severe depression and anxiety on April 28. I was released on May 2. I’m obviously not healed after a four day stay, but left the facility feeling stable and capable of taking control of my mental health again for the first time in years. The following day I was on my way to pick up my new anti-depressant prescription from the pharmacy when a drunk driver pulled out in front of me. I had the right of way, and his timing made it so there was absolutely nothing I could’ve done to avoid the accident. I had a massive panic attack at the scene where my heart rate spiked at 253 bpm, I refused to be transferred to the hospital because I had just gotten out the day before and during my panic attack obviously wasn’t thinking clearly. I initially didn’t know if I was at fault or not because I technically T-boned him, but thankfully many witnesses were around and stated there was nothing I could’ve done. I did not receive any citations, and the other driver was taken away in handcuffs because he was presumably very drunk.

The following days after the adrenaline wore off the pain set in And have been pretty bedridden since. I did get checked out at the ER on Sunday and had a doctors visit today and they suspect I have some pinched nerves that are wreaking havoc on my body. I will file a bodily injury claim for these visits and any damages for this.

The stress of the accident and the pain I’m in is having a major impact on my mental health. I was suicidal before I went inpatient, finally felt optimistic and ready to make some positive changes when I got out, and being in this accident has me feeling absolutely crushed and defeated. I’m in too much pain to do all of the things I was excited to accomplish after my discharge, and I feel pretty stupid for thinking that things would start to get better. I don’t think I’m to the point of having to go back into the psych ward, but I’m definitely not feeling emotionally stable anymore. It was nice for the day it lasted I guess lol.

So yeah. That’s the situation. My questions are: would this be a viable claim? If so, would it be worth pursuing?

Edit to add - I’m not sure if it’s important, but I was going about 35 to 40 mph when the accident happened. My airbag deployed, my car is most likely totaled. When I say pain, I’m not just crying over a stiff neck or something, I won’t go into all the details, but I can barely put any weight on my left leg and just sitting upright for more than 15 minutes at a time is incredibly painful. Laying flat on my back is the only way to bring my pain level from roughly a seven down to a two or three.

submitted by /u/ThrowAway4736295
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