If you’ve suffered through a horrific auto accident you can develop PTSD from that accident. PTSD can make it difficult to work, to ride in cars, and to function because of anxiety and fear. However it can be very difficult to prove that your PTSD was caused by an accident when you file a personal injury claim due to the accident.
Damages from a personal injury claim can pay for your medical bills, including therapy and treatment for PTSD, if you can prove that the PTSD is a direct result of the accident. In order to get the damages you’re entitled you it’s important that you work with an experienced personal injury attorney who can guide you through the process and help you prove that your PTSD is related to the accident.
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
What is PTSD?
PTSD is an anxiety order that many develop after going through a traumatic event. It can be crippling and can forever alter your quality of life, depending on the severity of the disorder. You do not necessarily have to have had a type of physical injury from an accident to develop PTSD. Simply being a part of a car accident or witnessing another person be injured or die in a car accident is enough to bring that high level of anxiety.
PTSD Versus Simple Anxiety
Many people will have some type of PTSD symptoms following an accident. It is expected that after any traumatic event like that, the driver involved is going to be extremely anxious before getting behind the wheel again. However, it is the people for whom this anxiety never goes away or only increases who need compensation for their emotional injuries that are seriously changing their quality of life. Many PTSD victims find themselves no longer able to enjoy the activities they once enjoyed on a regular basis. Some find they can no longer leave the house to go to their jobs. Others find that the PTSD is so severe that they cut themselves off from loved ones who normally support them.
Establishing a Connection
A key element in being awarded damages for PTSD or anxiety is to show a causal relationship between the traumatic event and your emotional distress. This connection can be done through two different causes of action.
Negligent infliction of emotional distress involves emotional distress that is a direct result of negligent conduct of another. The emotional distress must stem from a physical injury caused by that event or must be so serious that it manifests itself in physical symptoms.
Intentional infliction of emotional distress means that the other party’s conduct must be outrageous or reckless and the emotional distress coming from this intolerable conduct is severe. Some states allow recovery of damages without a physical manifestation while others require it to recover for intentional infliction of emotional distress.
Physical Manifestation of Symptoms
It can depend on your state, but some states require that a physical manifestation of emotional distress accompany the PTSD diagnosis. That can be hard to prove at times because not all PTSD sufferers display some physical symptom, but if you can get any medical proof at all to show that your emotional distress is pouring over into your physical lifestyle, that will only help your claim for compensation.
The Severity Level of PTSD
People who have PTSD find themselves feeling anxious and/or stressed frequently, even in situations where they are not in danger or are not under any stressful situation. They frequently have nightmares and have trouble sleeping. For many, PTSD can affect their ability to leave their home, carry a job, or be around other people.
PTSD is serious and can require medication and counseling. You need to receive a diagnosis from a medical professional qualified in mental health illnesses before claiming PTSD as an injury related to a car accident. You will also need detailed testimony from that professional as to how the condition is disrupting your quality of life.
Contact an Attorney Today
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. Unlike the compensation to replace your car after an accident, emotional damages like PTSD and anxiety can be difficult to quantify. Talking to a professional can help get you the documentation and treatment you need to get on the road to recovery. For the best chance of receiving the compensation you need to pay for medical bills, auto body bills, and pain and suffering, you should speak with a personal injury attorney in your area today.
