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Can You File a Claim for PTSD After a Car Accident?

Posted on May 25, 2023

If you have been involved in a car accident and are now grappling with Post-Traumatic Stress Disorder (PTSD), you may wonder whether you can file a claim to seek compensation for your condition. The answer is yes, but you must prove a clear link between the accident and the development of your PTSD.

What is PTSD?

Post-Traumatic Stress Disorder (PTSD) is a mental health condition that can occur after experiencing or witnessing a traumatic event. Symptoms of PTSD can include:

  • Intrusive thoughts or memories
  • Nightmares
  • Flashbacks
  • Avoidance of triggers
  • Emotional distress
  • Difficulty concentrating
  • Sleep disturbances
  • Changes in mood or behavior

Victims may also experience anxiety, depression, and other conditions that compound PTSD.

Types of Compensation Available for PTSD After a Car Accident

Here are some common types of compensation that can be pursued in car accident cases involving PTSD:

  • Mental Health Treatment: Compensation for medical expenses related to the diagnosis, treatment, and management of your PTSD. This may include costs for therapy sessions, psychiatric evaluations, medications, rehabilitation programs, and any other necessary medical interventions.
  • Lost Wages: If your PTSD has caused you to miss work or has affected your ability to earn income, you may be entitled to compensation for lost wages. This can include both past and future lost wages, taking into account any reduced earning capacity caused by your condition.
  • Pain and Suffering: Compensation for the overall suffering experienced as a result of the car accident and subsequent PTSD.
  • Loss of Enjoyment of Life: If your PTSD has significantly diminished your ability to engage in activities, hobbies, or relationships that were once meaningful and enjoyable to you.
  • Loss of Consortium: In some cases, compensation may be available to your spouse or immediate family members for the loss of companionship, affection, or support resulting from the impact of your PTSD on your relationships.

Proving PTSD After a Car Accident

Establishing that your PTSD was directly caused by a car accident can be challenging, but there are steps you can take to help in proving the connection:

  • Obtain Medical Records: Request copies of your medical records from all healthcare professionals who have treated you for your PTSD. These records should include the diagnosis, treatment plans, medications prescribed, and progress notes. Consistent and comprehensive medical documentation can greatly strengthen your case.
  • Preserve Accident-Related Documentation: Gather and preserve any documentation related to the car accident. This may include police reports, photos and videos of the accident scene, witness statements, etc. These documents can help establish the traumatic nature of the event and its potential impact on your mental health.
  • Keep Track of Symptoms: Write down a detailed description of your daily PTSD symptoms in a journal or diary, along with their severity and how they affect your everyday life. In addition, make a note of any changes in your behavior, mood, sleep patterns, relationships, work performance, or other areas of life that can be attributed to the development of PTSD.
  • Obtain Expert Opinions: Expert witnesses, such as psychologists or psychiatrists experienced in PTSD, can provide professional opinions about the causal link between the car crash and your condition. Their testimony can carry significant weight in court.
  • Testimony from Family and Friends: If family or friends have observed the impact of your PTSD symptoms, ask them to provide written or recorded statements describing their observations.

Consult with an Attorney

To help you in the first steps of proving PTSD after a car accident, speak to a trusted Waco car accident lawyer. They can advise you on the best strategies, guide you through the legal process, and ensure you recover fair compensation.