Mental illness

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Related to emotional disease: Emotional distress

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Country: United States of America
State: Florida

Sorry if this is an inappropriate place to ask this question but life and logic in general fails me sometimes due to a serious TBI from 23 months ago. Let me provide a little history. Florida no motorcycle helmet required, tried to avoid an accident with a car , hit a community style mailbox, three skull fractures 5 hematomas, over three weeks in a comma, three month re-habilitation hospital many other injuries. I have recovered a lot better than the original prognosis indicated. Diagnosed with Sever TBI. Occurred 10/2003.
Skip to 7/2005. Truck accident about 4:30 PM when passenger was crawling around vehicle and I was trying to get him to settle down and buckle up, drifted off road lost control hit guardrail was wearing my seatbelt. Airbag and window caused small open cut on my forehead. Police questioned me extensively at the scene and at the hospital. I remember vividly the moments leading up to the accident well. I don't remember a lot of the questioning in detail following the accident for several hours or even the next day very well. I generally don't have extensive memory problems day to day. However my memory, balance obviously I was quite shaken from the immediate trauma of the accident. In my mind I am questioning the extent the mild "concussion" if that is what it is considered could have possibly had on my immediate ability communicate cognitively and handle my responses. I was arrested 6 weeks later after blood draw showed high BAC. I do not recall specifically consenting to blood draw and other things I reportedly was told. I have a current attorney and things are getting down to the wire. Is it possible to file a motion for inadmissibility of blood draw and statements made prior to arrest based on my documented neurological disorders?

Answer

Yes you can--your current attorney should certainly make an attempt.
References in periodicals archive ?
Attempts to understand emotional symptoms through somatization, or in relation to bodily organs, in East Asian medicine have resulted in the classification of emotional diseases within frameworks that are similar to those of Western medicine, even though the direct association of emotional symptoms with bodily organs has been deemed "cultural." However, attempts to understand such disorders in the modern East using Western medical terms have also led to diagnoses of neurasthenia and depression and the conceptualization of these disorders as "cultural" disorders has only recently been suggested; in fact, the uniquely Korean attributes of Hwa-byung have never been established by a clear consensus [12, 13].
This increase is not from infectious or chronic diseases, but from emotional diseases. The researchers' conclusions mirror rising rates of emotional health issues reported elsewhere: an epidemic of suicides, substance abuse, and opioid overdoses.
The Eastern District's opinion in Derousse held that the statute only compensated for emotional diseases that result from a physical injury (250)--in essence, that the statute codified the "impact rule." The Supreme Court of Missouri in Derousse, however, decided to interpret the meaning of the words in today's society, not the intent of the legislature at the time.