Can You Sue for PTSD after a Car Accident?

Post-traumatic stress disorder (PTSD) is a condition commonly associated with people who have experienced the devastation of war. However, combat traumas are not the only cause. Any traumatic event can cause PTSD, including a serious car accident.

A person can develop this mental health condition after experiencing or witnessing frightening or life-threatening events such as natural disasters, sexual assault, or a motor vehicle accident.

When an individual is in a car accident severe enough to cause PTSD, there is a good chance they’ll have a legal claim for damages. This article explains what damages you can demand in a car accident lawsuit. It also discusses how to substantiate your car accident claim and what an experienced personal injury attorney can do to assist you.

PTSD and Car Accidents

Many car accident cases involve a claim for pain and suffering. For people who suffer the type of emotional trauma associated with serious car accident injuries, there’s a decent chance they could receive damages for pain and suffering. If your car accident attorney can prove that you have PTSD stemming from the crash, your damages may be much more significant.

With the increase in the number of car accident fatalities over the past decade, they’ve become one of the leading causes of PTSD. Even in accidents involving relatively minor physical injuries, the potential for PTSD exists because it’s a condition tied more to a person’s reaction to an event than the motor vehicle accident itself.

Accidents involving serious injuries usually trigger traumatic responses in victims, often leading to emotional distress claims. People suffering from emotional distress and PTSD often experience a loss of quality of life. A personal injury attorney must prove your condition, as that’s the only way you can recover damages for your PTSD.

Indicators That a Car or Truck Accident Victim Suffers From PTSD

Accident victims should seek immediate medical attention after a car crash. Once at the emergency room, medical professionals will conduct a thorough examination and run the necessary tests to determine whether any physical or emotional injuries are present.

Some of these tests include:

• X-rays
• CT scan
• Neurological exam
• Physical exam
• Ultrasound

They will also ask the accident victim to describe their symptoms. Some of these symptoms may point to the victim having PTSD and emotional harm. The same is true when the person returns to their healthcare provider for a follow-up visit. If the victim presents with symptoms of PTSD, the doctor or healthcare professional will document it in their notes.

Some of the indicators that a victim has PTSD, or could develop it in the future, include:

• Flashbacks to the catastrophic event
• Panic attacks
• Mood swings
• Whether a victim has a history of emotional distress
• Upsetting dreams and nightmares
• Emotional suffering

When your car accident attorney files your personal injury lawsuit, they must submit evidence of your PTSD. The best way to prove this is by submitting a copy of your medical records and a diary outlining your ongoing symptoms.

PTSD Car Accident Compensation Claims: Damages

When filing a car accident lawsuit, you must make a demand for damages. Damages is another word for compensation for your financial losses. There are two types of damages: economic and non-economic.

Economic damages are things you can quantify, such as medical bills and lost wages. It also includes things like property damage and future lost income. Non-economic damages include losses that you cannot easily put a value on.

In addition to the above, most car accident victims demand the following types of damages:

• Loss of quality of life
• Mental anguish
• Loss of enjoyment of life
• Pain and suffering
• Future medical expenses related to your PTSD
• Punitive damages (in extreme cases)

The court can accept or reject any or all of these claims.

How a Car Accident Lawyer Proves Damages for PTSD Victims

Placing a value on the impact of PTSD on your daily life will be difficult. Your car accident attorney will have to quantify your damages so you receive the fair compensation you deserve.

Personal injury lawyers rely on various types of evidence to support the claim for special damages to compensate you for your PTSD.

Some of the evidence your lawyer will rely on includes:

• Expert testimony
• Testimony or an affidavit from the medical professionals who have treated you for PTSD
• Your own testimony
• Affidavits and testimony from family members and friends
• Documentation from your employer stating that your PTSD has prevented you from doing your job
• Medical records from any psychologists, counselors, and mental health professionals who have treated you for PTSD
• A copy of the police report
• Whether you’ve been appropriately diagnosed with PTSD

Ideally, when you first file your claim with the insurance company, it will pay your claim. If the insurance adjuster denies your claim, you can sue the other driver directly. As long as you show they were at fault, you have a good chance of recovering the damages you deserve.

Can I Claim PTSD if I Didn’t Suffer Any Physical Injuries?

Depending on the facts of your car accident case, you can claim damages for PTSD even if you did not sustain physical injuries. PTSD is a psychological condition. Its presence doesn’t necessarily correlate with the severity of your physical injuries.

While you don’t necessarily have to prove that you suffered serious bodily injuries in the collision, you will have to demonstrate that your PTSD is directly related to your accident.

Disclaimer: State laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide readers with the most current information, you should speak with an experienced attorney to confirm your state laws.

Suffering PTSD After a Crash? Legal Advice From a Car Accident Attorney Can Help.

Given the unique nature of PTSD and its relationship to auto accidents, meeting with a skilled car accident attorney is a good idea. You’ll need to focus on getting the treatment you need in the weeks and months following the accident. Let a seasoned car accident lawyer handle the legal process for you.

If you can’t meet with a personal injury attorney, have a loved one reach out on your behalf. Either way, it’s important for you to be aware of all the legal options for your PTSD claim. Many personal injury lawyers offer free legal case evaluations. You won’t have to pay anything up front to learn more about your personal injury case.