Psychological trauma can be just as devastating as a physical injury. After a serious accident, workplace incident, or traumatic event, victims may suffer from post-traumatic stress disorder (PTSD), anxiety, depression, or other psychiatric conditions that impact every part of life.
At Scher, Bassett & Hames, our San Jose psychiatric injury attorneys have been representing injured Californians since 1965. We understand how difficult it can be to prove the effects of emotional harm in court, and we have the experience and resources to build strong claims for our clients.
If your mental health has been harmed due to negligence or unsafe working conditions, we are here to fight for the compensation you deserve.
Provide the information below or call us at:
When it comes to psychiatric injuries, you need an attorney who not only understands the law but also recognizes the unique challenges of proving invisible injuries. Here’s what sets our firm apart:
We have secured compensation for clients suffering from PTSD, workplace stress-related disorders, and psychiatric harm linked to catastrophic accidents.
For more than 40 years, we’ve represented clients in San Jose and across California in both workers’ compensation and personal injury claims involving psychiatric injuries.
We take time to understand your story, working closely with your doctors and mental health professionals to document the full impact of your injuries.
We handle all cases on a contingency basis, so you pay nothing unless we recover compensation for you.
If you believe you are suffering from a psychiatric injury after an accident or at work, taking the right steps can protect your health and strengthen your legal claim:
Visit a licensed mental health provider for diagnosis and treatment.
Keep a journal of how the injury impacts your daily life.
Notify your employer if the injury is work-related or document the accident that caused your condition.
Insurance companies may downplay psychiatric conditions; let your attorney handle communications.
Prompt action ensures your rights are protected and evidence is preserved.
Psychiatric injuries can arise in many contexts, and liability may fall on different parties depending on the circumstances:
Our attorneys investigate every angle of your case to ensure all responsible parties are held accountable.
Psychiatric conditions can have life-altering effects and often require ongoing treatment. Our firm represents clients suffering from:
These conditions can interfere with relationships, employment, and overall quality of life. We fight to ensure your compensation reflects both economic and emotional damages.
We approach psychiatric injury claims with both legal skill and compassion. Our services include:
Psychiatric injuries can occur in many situations, including:
Toxic environments and bullying leading to anxiety or depression.
PTSD and trauma after catastrophic crashes.
Assaults or traumatic events due to inadequate security.
Emotional harm linked to long-term disability or disfigurement.
Witnessing a fatal accident or workplace tragedy.
Our legal team carefully reviews the cause of your psychiatric injury to determine liability and build a strong case.
If you or a loved one is struggling with a psychiatric injury, you don’t have to face it alone. Legal action may provide the financial support needed for treatment and recovery.
Contact Scher, Bassett & Hames today for a free consultation. We are proud to represent clients across San Jose, Santa Clara, Sunnyvale, Cupertino, Mountain View, and the wider Bay Area.
No Fees Unless We Win. You pay nothing unless we successfully recover compensation on your behalf.
Provide the information below or call us at:
Psychiatric injuries include PTSD, anxiety, depression, phobias, and other diagnosed mental health conditions caused by another’s negligence or intentional misconduct.
California recognizes mental harms as compensable when supported by credible evidence, such as a DSM-based diagnosis and expert testimony. Common sources include crashes, assaults, workplace incidents, defective products, and medical errors. A San Jose lawyer can connect evidence to legal elements and damages.
Yes. California allows recovery for emotional distress without physical impact in several scenarios, including negligent and intentional infliction claims and certain bystander claims.
You must meet specific legal standards and provide proof (treatment records, expert opinions, documented symptoms). Courts examine severity, authenticity, causation, and foreseeability. Strong documentation and timely care help establish credibility and maximize compensation in San Jose cases.
NIED (negligent infliction) stems from careless conduct causing serious distress; IIED (intentional infliction) requires extreme, outrageous behavior intended to cause severe distress.
NIED uses negligence elements (duty, breach, causation, damages). IIED requires outrageous conduct, intent or reckless disregard, causation, and severe distress. Evidence often includes therapy notes, medication history, and expert testimony linking the incident to the condition.
Qualifying bystanders closely related to the victim who are present and contemporaneously aware of the injury may claim emotional distress.
California requires a close familial relationship, presence at the scene, and a direct, contemporaneous perception of the injury event. Meeting these elements is critical. An attorney will assess facts, collect witness accounts, and align proof with controlling case law before filing.
Use medical diagnosis, consistent treatment records, expert opinions, symptom journals, employment and school impacts, and statements from family or coworkers.
Compelling proof ties the trauma to measurable life changes: sleep disruption, avoidance, panic, therapy frequency, medication, and functional limits. In San Jose cases, attorneys coordinate experts, corroborating witnesses, and testing to present clear, credible causation and severity.
Most claims must be filed within two years of the injury in California; special rules apply to medical malpractice and government entities.
Personal injury claims generally follow CCP §335.1’s two-year limit. Med-mal uses the earlier of one year from discovery or three years from injury, and government claims require a six-month administrative claim first. Act quickly to preserve evidence and rights.
There’s no general cap for non-medical cases; medical malpractice non-economic damages are capped and increase annually under AB 35.
In non-med-mal claims, non-economic damages (pain, suffering, mental anguish) are uncapped. In med-mal, California caps non-economic damages with scheduled increases each year. Economic losses—therapy costs, medications, lost income—remain uncapped if proven.
