In a traumatic experience, the typical victim goes into fight, flight, or freeze mode. A large approaching vessel pierced our client’s yacht with a long pulpit protruding from the bow which ripped through the cabin. The pulpit hit within feet of where one of our clients was standing. Thankfully, our clients were not hurt physically. However, they suffered substantial emotional injuries, which manifested later.

       As the vessel came careening towards their own, our two clients’ thoughts ranged from concern, to fear, to panic. One of our clients feared losing his family on board. Panicked, he tried to save them; ultimately feeling helplessness as he witnessed and felt the impact. His spouse was frozen with fear, as death loomed. 

        In our earlier blog post, “Seattle Ferry Pier Allison,”(August 15, 2022) we wrote, “Admiralty law is more conservative in the United States on NIED standing…. [a]would-be claimant must either have suffered bodily injury as a result of the event or been in a “zone of danger”; that is to say placed in immediate risk of substantial physical harm or death.

        Proving the clients had been psychologically damaged became the focus of this case. After the collision, our clients began demonstrating symptoms of discrete psychological injuries including anxiety, nightmares, and depression. One of our clients had chest pains as a result of these psychological injuries.

       The defendant argued to minimize their injuries. We retained a forensic psychologist to document possible evidence of injuries. The expert tested and interviewed. Our expert diagnosed Post Traumatic Stress Disorder (PTSD) and Persistent Depressive Disorder (PDD). The expert concluded that our client would need future care. 

      After over 200 hours of work, Berschler Associates, PC brought this case to trial in the U.S. District Court. The requirements to qualify for NIED were clearly presented at trial. Given the factual findings the Court made with respect to our clients, each received an award for personal injury damage. Our clients received the justice that they each deserved. 

     This is one example of how Berschler Associates, PC gets their clients highly compensated for the hidden pain and suffering that is present in significant bodily injuries. Let Berschler Associates, PC help you recognize all of your injuries, and not just some. 

DISCLAIMER: While every effort has been made to ensure the accuracy of information provided, it is not intended and should not be considered as legal advice. Individual situations differ and should be discussed with an expert and/or lawyer. Please contact our office if you seek more specific technical or legal advice on the information provided or related topics. Thank you.