If you have met with an accident and are struggling with severe mental or emotional trauma, the liable driver may be approached for legal remedies. The legal remedies are in the form of compensation. However, the procedure can be complicated and time-consuming. This is because it is difficult to obtain compensation for Post-Traumatic Stress Disorder (PTSD). 

Emotional trauma is always difficult to prove as the impact is invisible. Sometimes, the at-fault party may claim that your emotional trauma is minimal.  

If you have been diagnosed with PTSD as a result of a car accident, you may be entitled to compensation for the physical, emotional, and financial damages you have suffered. To pursue a claim for PTSD, you will need to provide evidence that your condition was caused by the car accident and that it has resulted in damages such as medical expenses, lost wages, and pain and suffering.

What Is PTSD?

According to the American Psychiatric Association, PTSD is post-traumatic stress disorder which people are prone to develop after facing traumatic events such as car accident. It may have a negative impact on their mental and emotional health. 

These are invisible injuries that may surface with time after a car collision. Therefore, it is advisable to consult a doctor if you have been struggling with PTSD symptoms.

Eligibility Criteria To Sue For PTSD From a Car Accident

To find out whether you are eligible to sue for compensation or not, you can first assess your medical condition. It can be done by analyzing your PTSD car accident symptoms. Some telltale signs that an accident victim is experiencing PTSD are:

  • Suicidal thoughts
  • Mentally reliving the accident
  • Sleep problems
  • Trouble in working
  • Sudden anger issues which are uncharacteristic
  • Guilt
  • Problem in concentrating
  • Trouble in maintaining your job
  • Anxiety

If you experience mentally after an accident, it may require proper medical treatment similar to physical injuries. Injured victims may pursue compensation by filing a car accident claim. If you are still in a dilemma about whether to sue for PTSD after a car crash or not, you may consult an experienced accident attorney.

What Is The Average Settlement For PTSD After a Car Accident?

There is no predetermined amount that may be given as compensation for post-traumatic stress disorder (PTSD) car accidents. The average settlement that will be awarded will entirely vary on the frequency and severity of your PTSD symptoms. The PTSD settlement on average will include compensation for pain and suffering. However, the overall compensation will include physical injuries and mental trauma. 

How To Prove PTSD In a Personal Injury Case?

Proving PTSD is difficult as the damages are not visible which happens to be the greatest challenge. There must be specific evidence that will help to prove that the accident victim is struggling with PTSD:

  • Medical Diagnosis of PTSD

After a car accident, it is important to seek medical attention as soon as possible. The healthcare provider will help you by evaluating and recommending proper medical treatment after they have diagnosed you with car accident PTSD. Therefore, you must discuss everything with your doctor including the symptoms as it will help in the PTSD after car accident treatment.

  • Eyewitness

Along with the medical records and documentation of the doctor, it is also important if there are eyewitnesses to your car accident. It may include your friends, family members, and other coworkers if they have witnessed the accident or if they have seen any changes in your mood after the crash. All this will add more credibility to your accident case. 

  • Maintaining precise records 

If you maintain records of your nightmares, PTSD after car accident flashbacks, mood swings, and physical symptoms, they may strengthen your personal injury claim. The more elaborate and accurate the documented journal of your injury claim will be, the stronger your claim will be. 

  • Mental Health Expert Testimony

Expert testimony will be more helpful in proving PTSD after a car crash. For this, you may consult a qualified physician who has expertise in psychological disorders. They can give a detailed explanation of your situation by including every detail such as:

  • Your PTSD symptoms
  • Any connection between car collision and your PTSD
  • How PTSD has negatively impacted your life
  • Any long-term prognosis for PTSD recovery

All this evidence may help to prove your injury claim in court and will also help in the decision-making process. Even a personal injury attorney may help you to know an expert psychiatrist or neurologist who will testify about your overall health condition.  

How To File a Lawsuit For PTSD After a car Accident?

If you have developed PTSD after car crash, you may be able to file a lawsuit against the at-fault driver or their insurance company. Steps you can follow to file a lawsuit:

  • Seek Medical Attention: First and foremost, seek medical attention for your injuries, including any symptoms of PTSD. Your health and well-being should be your top priority.
  • Collect Evidence: Collecting evidence is crucial to building a strong case. This may include photos of the accident scene, police reports, witness statements, medical records, and any other documentation related to your injuries and damages.
  • File the Complaint: Your attorney will file a complaint with the court, which outlines the details of the accident, the injuries you have suffered, and the damages you are seeking.
  • Settlement Negotiations: Your attorney will work with the insurance company to negotiate a settlement that fairly compensates you for your injuries and damages.
  • Trial: If a settlement cannot be reached, your case may go to trial. Your attorney will present evidence and argue your case in front of a judge and/or jury.
  • Hire an Experienced lawyer: Your attorney can also help you negotiate with the insurance company for a settlement or take your case to trial if necessary.

Recoverable Damages For PTSD Cases

PTSD falls into the category of non-economic damages. These damages may comprise emotional distress, mental anguish, and pain and suffering. It is a challenge in itself to prove these invisible damages as they cannot be referenced through a monetary value. 

However, this does not mean that non-economic damages are not valid damages. They can be proved by gathering relevant evidence such as PTSD car accident therapy session receipts, and other record bills of the victim.

Car Accident PTSD Recovery Tips

  • Keep doing exercise to stay active
  • Practice mindful techniques
  • Follow up with your doctor
  • Seek PTSD car accident support from family and friends
  • Be Patient With Yourself

Get Legal Help For Your PTSD Car Accident Case

Pursuing a claim or lawsuit for PTSD can be a complex and challenging process, and it is generally recommended that you work with an experienced car accident attorney who can help guide you through the process and advocate on your behalf.

They can help you understand your rights and options, gather the necessary evidence to support your claim and negotiate with insurers or defendants to reach a fair settlement or verdict.