Suing For Emotional Distress After Brain Injury

A traumatic brain injury doesn’t just hurt your body. That’s the part most people understand right away. But the psychological aftermath? That’s what catches people off guard. You might develop depression. Anxiety that never seems to let up. Your personality changes in ways that scare your spouse or your kids. These psychological effects can wreck your life just as thoroughly as any physical injury. So can you pursue compensation for that emotional suffering? Absolutely.

Understanding Non-Economic Damages In Brain Injury Cases

When we talk about personal injury compensation, there are two buckets. Economic damages cover the stuff you can put a price tag on. Medical bills. Lost wages. Physical therapy costs. Non-economic damages are different. They address harm that doesn’t come with an invoice:

• Depression and anxiety
• PTSD
• Personality changes you never asked for
• Not being able to enjoy the things you used to love
• Trouble sleeping, nightmares that won’t stop
• Withdrawing from friends and family
• The constant fear and mental anguish

An Indianapolis brain injury lawyer knows how to document these impacts and fight for what you’re owed.

How Brain Injuries Cause Emotional Trauma

This happens in two ways, and they’re both important to understand. First, the physical damage to your brain actually changes how it functions. When you injure certain parts of the brain, particularly the frontal lobe, you get mood disorders and personality changes. Your brain literally can’t regulate emotions the way it used to. This isn’t about being weak or not trying hard enough. It’s a medical problem that needs treatment, but there’s a second layer. The experience of living with a brain injury creates its own trauma. You don’t know if you’ll fully recover. You’ve lost your independence. The bills are piling up. You’re not the same person you were six months ago, and that’s terrifying. All of that triggers anxiety and depression, even in cases where the brain eventually heals.

Proving Emotional Distress In Your Claim

You can’t just tell an insurance company you’re depressed and expect them to write a check. You need evidence. Medical documentation is where you start. That means diagnoses from a psychiatrist or psychologist, therapy session notes, and prescriptions for antidepressants or anti-anxiety medication. Neuropsychological testing can show exactly how your brain injury changed your cognitive function and emotional regulation. Personal records matter too. Keep a journal. Write down how you’re feeling, what’s different, and how the injury affects your daily routine. When your family members or close friends can testify about the changes they’ve witnessed, that carries real weight. Your coworkers might notice things too.

Common Challenges In Emotional Distress Claims

Insurance companies fight these claims hard. They’ll say you’re exaggerating. They’ll argue your depression has nothing to do with the accident. Sometimes they’ll dig through your medical history looking for any previous mental health treatment to claim this was a pre-existing condition. Defense lawyers love to argue that “mild” brain injuries shouldn’t cause serious emotional problems. They’re ignoring what the medical research actually shows. A concussion can absolutely cause profound psychological effects. I’ve seen clients whose brain scans look relatively normal but who are dealing with severe depression, anxiety, and cognitive symptoms that have turned their lives upside down. The challenge with emotional distress is that it’s subjective. There’s no itemized bill as you’d get from a hospital. But that doesn’t make it any less real or any less compensable. You just need someone who knows how to present that evidence effectively.

The Role Of Expert Testimony

Mental health professionals become really important in these cases. A psychologist or neuropsychologist can testify about the connection between your specific injury and the symptoms you’re experiencing. They can explain to a jury why what you’re going through makes complete medical sense, given the trauma to your brain.

They also help separate normal stress from actual psychiatric conditions. Everyone feels stressed after an accident, but clinical depression requires ongoing treatment is different. Pavlack Law, LLC works with medical experts who understand traumatic brain injuries and the emotional damage they cause.

Time Limits For Filing Your Claim

Indiana gives you two years from your injury date to file a lawsuit. That deadline applies to everything. Physical injuries, emotional distress, lost wages, all of it. Wait too long, and you lose your right to compensation. Period. Evidence disappears. Witnesses forget details. Medical records get harder to track down. Don’t let the clock run out.

Getting Help With Your Brain Injury Claim

The emotional toll of a brain injury is real. It deserves to be recognized, and it deserves compensation. You didn’t ask for this. You shouldn’t have to carry the financial and emotional weight of someone else’s negligence. An Indianapolis brain injury lawyer can sit down with you, look at your case, and figure out what evidence you need to prove the full extent of your damages. If you’re dealing with the psychological aftermath of a brain injury, reach out. Let’s talk about your options and how to protect your rights.