Sometimes, injured victims experience PTSD in car accidents, mainly if resulting in catastrophic damages. With sufficient documentation of your experience of having PTSD, you can get compensation for such loss when filing a car accident claim.
In this article, you will understand what Post Traumatic Stress Disorder is and how to include this in your car accident settlement.
Can You Get PTSD From a Car Accident?
Post-Traumatic Stress Disorder (PTSD) arises from exposure to a traumatic event or situation like a car accident, including instances where individuals are aware that a loved one has experienced trauma. According to the National Institute of Mental Health, PTSD can affect individuals of any age, from combat veterans to those who have encountered or witnessed various traumatic events such as:
- Assault
- Abuse
- Accidents
- Disasters
- Terror attacks
Did you know that approximately 6 out of every 100 individuals will encounter PTSD at some stage in their lives? Unfortunately, those with PTSD often experience ongoing stress and fear, even when the immediate danger has passed.
What Are the Signs of PTSD After a Car Accident?
Having PTSD does not automatically manifest after a traumatic event. Instead, they surface months or even years after the incident. You will know if you are experiencing PTSD after a car accident if you encounter the following symptoms:
- Individuals with PTSD may repeatedly recall the traumatic incident and have unwelcome memories, nightmares, or intense distress when reminded of the accident.
- Those affected by PTSD may try to steer clear of anything related to the event and may avoid discussing it.
- Individuals with PTSD may have negative thoughts about themselves or others, struggle with memory, face difficulties in relationships, feel disconnected from loved ones, lose interest in activities, and find it challenging to experience positive emotions.
- Many people living with PTSD are easily frightened, hypervigilant, experience sleep disturbances, concentration issues, intense guilt or shame, and may resort to self-destructive behaviors like substance abuse.
You should speak with a mental health professional immediately if you have upsetting memories or feelings associated with a traumatic experience that has persisted for more than 30 days, as this can be PTSD. If left untreated, it can significantly impact your life for several years.
How to Treat PTSD After a Car Accident
Fortunately, you can treat and recover from PTSD from a car accident. Typically, therapy and support measures are used to treat such loss, each suited to the individual’s needs.
- Therapy: Cognitive-behavioral therapy (CBT), which includes exposure therapy and cognitive restructuring, can assist people in confronting and processing trauma memories. Eye movement desensitization and reprocessing (EMDR) is another successful technique for treating PTSD.
- Medication: Antidepressants, particularly selective serotonin reuptake inhibitors (SSRIs), may help manage PTSD-related depression and anxiety. However, seeking medical advice from professionals before taking any medications is essential.
- Support Groups: Participating in support groups or attending group therapy sessions with others who have been through similar trauma can provide validation, understanding, and encouragement.
- Lifestyle Changes: Relaxation techniques such as deep breathing, meditation, and yoga can help reduce stress and increase emotional health. Regular physical activity and a good diet can also improve mental health.
- Social Support: Establishing and maintaining positive social relationships with friends and family can reduce feelings of isolation.
After a car accident, people with PTSD symptoms must have expert treatment and assistance to manage their symptoms and encourage healing and recovery properly. If you experience any symptoms of PTSD, seek medical help to treat it immediately.
How to Claim Compensation for PTSD from Car Accidents
Generally, injured victims can claim compensation for the damages from a car accident caused by someone else’s negligence. As such, you must have evidence to prove that the crash directly results from another party’s actions to be eligible for a settlement.
In personal injury law, negligence can be demonstrated through the following elements:
- The driver had the duty to ensure everyone’s safety.
- They neglected this duty.
- The breach resulted in an accident.
- The collision caused injuries and other damages.
So, if you sustain PTSD from a car accident, you may file a claim to receive compensation for such loss. While it may be challenging to prove such experience, you can justify experiencing PTSD through the following.
Document Your Symptoms
Keep a thorough journal of all the symptoms you experience from post-traumatic stress disorder, such as intrusive thoughts, nightmares, avoidance behaviors, mood swings, and bodily reactions. Observe how these symptoms affect your relationships, job, and day-to-day activities.
By having a daily journal, you can document your experience with the trauma and how it affects your daily living.
Seek Medical Evaluation
Remember that you can only seek compensation if you can prove the cause and existence of your injuries. Hence, it is crucial to speak with a medical expert who specializes in diagnosing and treating PTSD, such as a psychiatrist, psychologist, or therapist. They can evaluate your health, diagnose formally, and suggest the best action.
When obtaining medical evaluation and treatments, specialists usually create records and documentation that can help prove that you sustained PTSD from a car accident.
Gather Evidence
Always collect all documentation and records associated with your PTSD, such as:
- Prescriptions
- Diagnosis reports
- Treatment plans
- Therapy notes
- Medical records
If you miss some records, the insurance provider may highlight the inconsistency and reduce your settlement. Sometimes, they can completely disregard providing compensation for such a loss if you can’t prove it.
Seek Legal Counsel
Hire a personal injury lawyer skilled in managing PTSD cases from auto collisions. In most cases, victims tend to overlook compensation for PTSD as they don’t know how to quantify and calculate such damage from a crash.
California auto accident lawyers can evaluate your situation, offer legal advice, calculate the total damages, and protect your rights by speaking on your behalf in negotiations or court cases.
Lawyer’s Tip: Car Accident Lawyers work with accident reconstruction experts to examine the situation and gather proof if needed. With their expertise and resources, having a lawyer can significantly increase your chances of maximizing your payout.
How Much Is the Average PTSD Car Accident Settlement?
It is challenging to say the average PTSD car accident settlement as it heavily depends on the severity of the situation and how the accident impacted an injured victim’s life. While individuals can sustain PTSD from minor accidents, collisions resulting in catastrophic injuries might have higher compensation due to more significant damages associated with such incidents.
For example, a victim of a bike accident who had minor leg injuries might have a lower settlement compared to an individual who had his leg amputated and is suffering PTSD as a result.
How Do I Calculate PTSD from a California Car Accident?
When determining the average PTSD car accident settlement, you must evaluate the following factors and ensure that you have documentation to prove such:
- Severity of Symptoms: The amount of settlement is greatly influenced by the degree and severity of PTSD symptoms, which include intrusive thoughts, nightmares, avoidance behaviors, mood swings, and bodily reactions. For instance, if the victim experiences suicidal thoughts due to the crash, this can significantly affect the value of the case.
- Impact on Daily Life: A critical factor in determining the settlement amount is how much the victim’s PTSD interferes with their day-to-day activities, employment, interpersonal relationships, and general well-being. If the trauma extremely interferes with a victim’s daily life, they can receive more significant compensation.
For example, the victim avoids family, friends, and their spouse. In such a case, the spouse can insist on the loss of consortium and include it in the damages.
The settlement may also cover lost wages and future earning potential if the victim’s PTSD symptoms keep them from working or earning money.
- Medical Care: A significant determinant of the settlement amount is the expense of medical care, which includes therapy sessions, prescription drugs, and rehabilitation. Larger settlements are usually the consequence of higher medical costs.
What Other Damages Can I Include in the Settlement?
PTSD is categorized as non-economic damage, representing intangible losses from a severe car accident. Other instances of non-economic damages encompass:
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Loss of consortium
- Diminished quality of life, among others.
Moreover, if you have developed PTSD from a car accident, it is likely that you also face financial damages from the crash. Economic damages represent tangible losses from an accident, which are typically straightforward to calculate by gathering receipts and documentation of your expenses.
These economic damages may encompass:
- Past, present, and future medical expenses
- Costs associated with repairing or replacing your vehicle
- Lost wages due to time off work
- Potential future loss of income
- Other out-of-pocket expenses incurred as a result of the accident
In addition to the economic and non-economic damages, reliable California auto accident lawyers can investigate your accident to determine if you qualify for punitive damages. The court awards these additional damages if it determines that the at-fault driver acted in an extremely negligent or intentional manner.
How Can California Auto Accident Lawyers Help Maximize My Claim?
Having PTSD from a car accident is not a simple matter. With the symptoms of such a trauma, some victims tend not to function well, resulting in a complete disruption of their daily lives. What happens if you have PTSD and you don’t have the will and energy to file a claim?
California auto accident lawyers can help manage your case and protect your rights while you focus on your overall recovery. Moreover, they can undertake the following actions to secure success in your case:
- Collect vital evidence to substantiate your claim.
- Establish liability.
- Calculate the overall damages.
- Adhere to legal timeframes.
- Interface with the insurance company.
- Advocate for your case in court if needed.
If you are looking for a competent car accident lawyer in California, we can help you. Jacoby & Meyers provides a distinctive legal approach dedicated to defending your rights. Since 1972, we have fought for accident victims’ legal rights, winning substantial judgments totaling more than $2 billion. This illustrates our steadfast commitment to serving our clients.
Jacoby & Meyers, the top California auto accident lawyers, can help if you are hurt in an auto accident. For those who have been injured, we provide complimentary consultations and work on a contingency fee basis.
Jacoby and Meyers. Because Everyone Deserves Justice.
Hear From Our Past Clients
Instead of relying just on our guarantees, consider what satisfied clients say about our services.
“Laura was a great help. She always explained any questions or concerns. Always in contact, following up and informing me of the process. She made everything easy to understand and was very friendly and kind. Thank you, Laura, it was a pleasure working with you.” – Jeimi T.
Frequently Asked Questions
Do you have further questions regarding car accident claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- How to Take Photos in a Car Accident Scene
- How Do I Include Lost Wages in My Personal Injury Claim?
- What Are the Hit-and-Run Laws in California?
- What is the Average Settlement for a Spinal Cord Injury from a Car Accident?
- Who Can I Sue in a Teen Car Accident Resulting in Wrongful Death?
Works Cited
Bieber, Christy. “PTSD From a Car Accident: Everything You Need To Know.” Forbes, 27 January 2023. Accessed 25 April 2024.
“Post-Traumatic Stress Disorder – National Institute of Mental Health (NIMH).” National Institute of Mental Health. Accessed 25 April 2024.
“Psychiatry.org – What is Posttraumatic Stress Disorder (PTSD)?” American Psychiatric Association. Accessed 25 April 2024.
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