Long after the physical pain has subsided and the shock has worn off, the psychological impact of a traumatic event, such as a car accident, workplace injury, or another personal injury, can remain. Post-traumatic stress disorder (PTSD) can occur after any traumatic accident. According to the American Psychological Association (APA), car accidents are the leading cause of PTSD in the United States.
If you are suffering PTSD after a traumatic event, rest assured that you are not alone. The law recognizes the psychological impact of PTSD as being just as significant as physical injuries. With the right personal injury lawyer providing legal support and reassurance, you can pursue the recognition and compensation you need to build a brighter future.
In this post, we will take an in-depth look at how personal injury victims can seek the compensation they deserve for the psychological injuries they have sustained.
Personal Injuries That Can Cause PTSD
Anyone can develop PTSD after an accident or another type of traumatic event. Many PTSD claims stem from the following:
- Car crashes
- Boat accidents
- Motorcycle accidents
- Slip-and-falls
- Medical malpractice
- Pedestrian accidents
Each injury victim is unique
Everyone’s experience of PTSD is unique. It is also important to note that the psychological toll of an accident is not always proportionate to the severity of the physical trauma. There are various factors at play. For some people, witnessing a fatal accident can cause PTSD that takes a huge psychological toll on their lives.
Proving PTSD
To build a successful PTSD claim after a personal injury, it is necessary to prove that your accident caused you to develop PTSD. According to the Mayo Clinic, the following elements must be established to prove PTSD:
- Traumatic event: You must have experienced or witnessed a traumatic event, or learned that someone close to you has. A traumatic event is defined as one that causes serious injury or involves either violence or the actual or possible threat of death. These are sometimes referred to as “Big T” traumas. In this article, we are focusing on this type of PTSD, which emerges from traumatic accidents.
- Duration: Symptoms must last for more than one month to prove PTSD.
- Impact: Your PTSD symptoms must significantly impact your ability to function at work, in social settings, and in your personal relationships.
The importance of seeking medical treatment
Primarily, seeking medical treatment as soon as PTSD symptoms begin helps ensure that accident victims can access treatment that controls or even eliminates symptoms. Mental health professionals are qualified to assess your condition and recommend a treatment plan.
Treatment for PTSD may include:
- Psychotherapy
- Medication
- A combination of the two
Seeking prompt treatment could also strengthen your PTSD claim. To recover compensation for the mental injuries you sustained as a result of your accident, personal injury lawyers must build a clear link between your accident and your PTSD symptoms. Your medical records could demonstrate a strong correlation between your accident and your PTSD symptoms.
Also, seeking medical help shows you are committed to making as full a recovery as possible. This could strengthen your case by showing that you are focused on recovery rather than trying to use your symptoms to obtain compensation.
Your medical records could also prove why you require compensation for ongoing therapy and other treatment costs.
Personal injury lawyers understand your pain
Personal injury lawyers work with accident victims every day and understand the psychological toll traumatic accidents can take. They understand that it may be overwhelming to think about discussing your accident with someone you do not know.
Rest assured that in a free case evaluation with our law firm, our compassionate team members will do everything possible to put you at ease. Feel free to bring a friend or family member with you for support. When you are ready, you can explain what you have been through, and a personal injury attorney can talk you through the legal support he or she may be able to provide.
The Impact of PTSD After a Traumatic Accident
The impact of PTSD varies from one accident victim to the next. According to the National Institute of Mental Health, PTSD symptoms typically start within 3 months of a traumatic accident. Some people may recover within 6 months, while others continue to experience symptoms for more than 1 year.
Common PTSD symptoms for which accident victims may be entitled to compensation include:
- Re-experiencing symptoms: Can include flashbacks accompanied by a racing heart and sweating. They may also experience distressing dreams, intrusive thoughts, or physical stress symptoms.
- Avoidance symptoms: Accident victims may stay away from places, objects, and events that trigger memories of the traumatic event.
- Arousal and reactivity symptoms: Accident victims may feel constantly tense or on guard, be easily startled, and experience difficulty sleeping. Some may even engage in risky behavior.
- Mood symptoms: Negative thoughts, feelings of blame, and loss of interest in activities they once enjoyed.
Impact on professional life
Personal injury victims suffering from PTSD may find that their symptoms significantly disrupt their work life. Some may struggle with decreased motivation and focus. Workplace relationships may become more fraught, leading to tension. Additionally, some people have found it traumatic to return to work after suffering workplace injuries.
Any of these factors could have the following economic impact:
- Missed work leading to loss of income
- Enforced career changes
- Loss of earning capacity
Personal injury lawyers will seek to understand and find evidence to demonstrate the full impact of PTSD symptoms on your working life to calculate damages that accurately reflect the extent of your losses.
Impact on personal relationships
The emotional and psychological toll of PTSD can have an impact on personal and family relationships. Personality changes may make it harder to interact with family members and care for family responsibilities as they did before. These changes may mean accident victims require long-term treatment and caretaker support, which must be factored into compensation calculations.
To prove PTSD has had a significant impact on your daily life, keep a journal of your symptoms each day. Also, seek help from mental health professionals who can provide an accurate diagnosis and begin treatment that may manage your symptoms. If you hire a personal injury lawyer to fight your case, you can focus on making as full a recovery as possible, while your attorney seeks fair compensation for you.
PTSD in Personal Injury Claims
If someone else’s negligence caused you physical and psychological suffering, you may be entitled to fair compensation that reflects the entire impact of your accident.
Personal injury compensation often reflects both tangible and intangible losses. PTSD claims can fall into both categories. For example, you may sustain financial losses, such as the cost of ongoing treatment, medication, and caretaker support. You may also be entitled to compensation for intangible losses, including loss of enjoyment in life and mental anguish.
An experienced personal injury lawyer will examine your losses from all angles to ensure he or she builds a strong case for fair compensation.
Proving liability for your PTSD
To recover compensation in any personal injury claim, an attorney must prove the following four points:
- Duty of care: The negligent party owed you a duty of care
- Breach: The at-fault party breached his or her duty of care through negligent actions
- Cause: The negligent actions or inactions were the cause of your injuries and the resulting PTSD symptoms
- Compensation: Your injuries and PTSD have caused you losses for which you are entitled compensation
A personal injury lawyer can conduct a thorough investigation into your accident to identify the negligent party and build a case for liability and compensation.
Building a strong PTSD claim
In many PTSD claims, the traumatic accident itself is the cause of PTSD. However, for some accident victims, the stressful aftermath of a traumatic accident rather than the accident itself could be responsible for triggering PTSD symptoms.
Post-accident stress could include pain, injuries, and loss of employment. When you work with an experienced legal team, they can take all of these factors into account when building a strong case for fair compensation for the physical and psychological impact of your accident.
Witnesses are crucial to proving any PTSD claim, and they fall into two categories:
- Fact witnesses can testify about their observations. For example, an accident victim’s family and friends may testify about how PTSD affects his or her daily life and personal relationships. If you see a therapist who has personally witnessed the impact of PTSD on your life after your accident, he or she may also be able to testify as a fact witness.
- Expert witnesses are medical professionals who can provide expert testimony on your PTSD diagnosis and how its symptoms impact your life.
Timeline for PTSD claims
A PTSD claim can take patience and perseverance. As each PTSD sufferer is unique, it can take time for the full impact of psychological injuries to become clear. It is essential to take the time to obtain an accurate prognosis that reflects the accident victim’s future needs, rather than rushing to settle the case as quickly as possible.
Some considerations that play into the timeline include:
- Obtaining an accurate prognosis
- Monitoring treatment and progress
- Completing the investigation and evidence gathering
- Arranging expert testimony
- Negotiating with the insurance company
- Scheduling court time, if needed
An experienced legal team will strike the balance between pushing hard for the compensation you need as fast as possible, without compromising your recovery.
Compensation in PTSD Claims
Each case is unique, but in cases involving accident injuries and PTSD, personal injury victims may be entitled to the following economic damages:
- Medical expenses, past and future
- Lost wages
- Loss of earning capacity
- Adjustments to your accommodation
- Caregiver expenses
In addition, your personal injury lawyer can fight hard for the following non-economic damages that reflect the intense anxiety and mental anguish caused by PTSD:
- Pain and suffering
- Emotional distress
- Strained personal relationships
- Loss of enjoyment in life
- Sleep disturbances
PTSD can be life-changing. It’s vital to ensure you work with personal injury lawyers who take each case seriously and fight for full and fair compensation for every single one of their clients.
Trust Costa Ivone to Fight for Justice in Your PTSD Claim
If your physical scars have healed, yet the psychological toll of your personal injury continues, you need a trusted advocate to fight for your rights. At Costa Ivone, our experienced legal team has an outstanding track record of fighting for justice on behalf of personal injury victims, and we are eager to hear your story.
Our personalized approach to personal injury law has recovered over $100 million for our clients. Whatever type of personal injury you have sustained, our young and dynamic personal injury lawyers are ready to roll up their sleeves and fight hard for the best outcome in your case.
With Costa Ivone, there are no upfront fees to pay, and your first consultation is absolutely free. Contact Costa Ivone online or by calling (708) 816-2621 and schedule a FREE consultation today.
