If you had an accident and suffered severe emotional or mental trauma, you could seek legal remedies from the liable driver. These are usually in the form of monetary compensation. But the process isn’t always straightforward, and it can be difficult to obtain compensation for post-traumatic stress disorder (PTSD).
Unlike physical harm, emotional trauma is relatively difficult to prove. Since the impact isn’t visible, the driver responsible for the accident can argue that your emotional harm is minimal. Fortunately, the experienced car accident attorneys at the Morris Bart law firm can help you create a solid case to sue for PTSD after a car accident.
Eligibility to Sue for PTSD After a Car Accident
To ascertain whether you qualify to sue for compensation, you must first assess your condition for the common symptoms of PTSD. Here are the telltale signs that a vehicle crash victim could be experiencing PTSD:
- Mentally reliving the accident
- Suicidal thoughts
- Guilt
- Sleep issues
- Trouble working
- Uncharacteristic or sudden anger
- Difficulty concentrating
- Anxiety
- Trouble maintaining a job
Mental suffering arising after a vehicle crash requires treatment, just like physical injuries. Fortunately, injured victims can qualify for compensation if they file a car accident claim. An experienced attorney can help you ascertain whether it’s possible to sue for PTSD in the damages of your case.
For a free legal consultation, call 800-537-8185
Proving PTSD Is Difficult
Unfortunately, you, the victim, have the burden of proof in a personal injury case. The greatest challenge in proving PTSD is the fact that there are no visible damages. Generally, you’ll need the following crucial pieces of evidence to successfully prove that you’re suffering from PTSD:
Medical Diagnosis
Seeking medical attention is a crucial step in your recovery as it can help you get the assistance you need and a medical diagnosis. Your physician will document your medical appointments, evaluations, diagnosis, and recommended treatment, which will come in handy in your claim. As such, it’s always a great idea to discuss your symptoms with your doctor and complete the recommended treatment.
Relevant Documentation
Maintaining precise records of your physical symptoms, nightmares, and flashbacks can be a great way to strengthen your claim. The more extensive the documented evidence of symptoms is, the stronger your claim. Ensure you document every symptom you experience and be completely honest about your condition.
Exaggerating or downplaying what you’re experiencing can hurt your claim.
Testimony from a Mental Health Expert
To prove that the car accident you experienced resulted in PTSD, you must provide expert testimony. This should come from a qualified physician experienced in psychological disorders.
The expert will testify about your condition and give their insights on the possible relationship between the trauma of your crash and your PTSD diagnosis. They can also explain other relevant facts about your situation, including:
- The specific symptoms you’re experiencing
- The connection between these symptoms and the recent car accident you suffered
- Details of how PTSD has negatively altered your life
- An explanation of your long-term prognosis for PTSD recovery
Keep in mind that when your car accident claim involves PTSD, the involved insurer may ask their experts to evaluate your condition and make their own determination. Consequently, the case may turn into an expert battle with the insurance provider or during the decision-making process in court. Fortunately, a personal injury attorney can link you with an experienced neurologist or psychiatrist to testify about your condition and long-term prognosis.
Helpful Eyewitnesses
Apart from relying on the views of a qualified mental health expert, the individuals you interact with daily can testify about the changes they’ve witnessed in you since the car accident. Witnesses may include family members, friends, and coworkers who’ve seen your flashbacks, mood changes, and other symptoms. Their accounts will give more credibility to your case.
How Much Compensation Can You Get for PTSD?
The law doesn’t set a specific amount of compensation for PTSD. Instead, the nature of your injuries will determine the damages and possible compensation. Generally, both your mental and physical injuries will be considered when determining the settlement.
Most people assume that victims with more severe physical injuries also have serious mental injuries. However, the severity and the full extent of the PTSD are the primary determinants of your compensation.
PTSD and other emotional harms form only a small percentage of the claim in some scenarios. It’s also possible for mental health damages to equal or exceed the cost of treating physical injuries. To determine the best compensation for your injuries, you must evaluate all the damages in your case.
Damages in a PTSD Case
It’s more complicated to quantify damages for car accident victims diagnosed with PTSD than for those with only visible physical injuries. But you can overcome this challenge if you work with an experienced personal injury attorney. Lawyers understand the fair settlement value of cases that involve psychological or mental disorders.
They’ll fight for the following damages:
- Medical expenses, including the current and future costs of treatment
- Lost wages for the entire duration you’ve been away from work
- Emotional anguish
- Pain and suffering
It’s difficult to determine the precise amount you’ll get as compensation, and that’s why you should work with a personal injury attorney. A lawyer can give you peace of mind and fight for fair compensation.
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Call Our Firm for Trusted Legal Assistance
If you were in a traumatic car crash that caused you injuries and PTSD, you can count on our experienced team. With years of combined experience handling PTSD claims and a proven success record, you can rest assured that a reliable team is handling your case. Moreover, we conduct free evaluations, and our fees only come from the final compensation.
Don’t feel stuck if you believe you have a valid case. If you need help suing for PTSD after a car accident, reach out to our firm to claim your free assessment.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
