Coping with PTSD After a Car Accident: Securing Your Claim

Understanding PTSD

PTSD is a mental health condition that can develop after someone experiences or witnesses a traumatic incident. This disorder is often associated with intense stress and anxiety responses that persist long after the event has passed. It is a unique condition in that it doesn’t just involve short-term stress; instead, it can disrupt a person’s daily life and overall mental health for an extended period, sometimes even years.

In simple terms, PTSD is the mind and body’s way of responding to an event that was overwhelmingly stressful or terrifying. This condition was first widely recognized among war veterans, but it can result from various traumatic experiences, such as accidents, natural disasters, or personal assaults. PTSD doesn’t discriminate by age or background—anyone who has lived through a traumatic event can be affected.

Signs of PTSD

According to the DSM-5 criteria, symptoms of PTSD are generally grouped into four main categories, each representing different aspects of how the disorder can manifest in car accident survivors:

• Intrusive thoughts: Car accident survivors may experience recurring and unwanted memories of the crash. These can manifest as flashbacks or vivid nightmares that pull them back into the traumatic experience, often with intense emotional and physical reactions. Even something as simple as hearing a car horn can trigger these intrusive thoughts, making the person feel as if they’re reliving the accident
• Avoidance: After a car accident, some individuals may go to great lengths to avoid anything that reminds them of the incident. This can mean staying away from the location of the accident, avoiding driving or even being a passenger in a vehicle, and dodging conversations or news stories about car crashes. For many, this avoidance can significantly disrupt their daily lives, as they may be unable to engage in regular activities involving travel
• Negative changes: Survivors of car accidents with PTSD often experience shifts in how they view themselves and others. They might feel persistent guilt, believing they could have done something differently to prevent the crash. Detachment from friends and family is also common, as victims struggle with feelings of isolation. Additionally, they may develop ongoing negative thoughts like “the world is dangerous” or “I can’t trust anyone.”
• Arousal and reactivity symptoms: This category includes heightened alertness and emotional responses. Accident victims might be constantly on edge, reacting strongly to sudden sounds or movements. Outbursts of anger, irritability, and difficulty focusing or sleeping are also typical. In some cases, even the sound of tires screeching can trigger a surge of anxiety or lead to physical reactions

Triggers of PTSD

PTSD triggers are specific situations or stimuli that can bring back vivid memories of a traumatic event, often causing intense emotional or physical reactions. For car accident survivors, common triggers include loud noises like screeching tires, the sight of similar vehicles, or even the smell of gasoline. These cues can suddenly evoke distress and a sense of reliving the accident.

Recognizing these triggers is essential for managing PTSD. By identifying what causes these reactions, individuals can better anticipate and prepare for challenging situations. Therapy often focuses on understanding personal triggers, as it helps develop effective coping strategies to reduce their impact over time.

Can You Receive Compensation?

Yes, PTSD is considered a compensable injury under personal injury law, and there are precedents for awarding settlements specifically for PTSD after car accidents. For example, according to the American Bar Association, in cases like Bryant v. Robb, a plaintiff was awarded $1,080,000 for developing PTSD as a passenger after a motor vehicle accident. Similarly, in Carter v. Hudson, the plaintiff received $600,413 for pain and suffering attributed to PTSD. These cases illustrate that while obtaining compensation is possible, it can still be challenging.

Unlike physical injuries that are visible and often straightforward to prove, PTSD is an invisible condition with symptoms that can vary widely, making it harder to demonstrate the full extent of suffering. Courts and insurers may question the legitimacy of these claims since they can’t directly see or measure the distress. Therefore, building a solid case with thorough documentation and evidence is essential to support your claim and increase your chances of compensation.

What elements are required to prove a claim?

Proving a PTSD claim involves gathering substantial evidence, as psychological injuries are often less visible than physical ones and can be more challenging to demonstrate. Several key elements are crucial for building a solid case:

• Professional diagnosis: A PTSD diagnosis from a licensed mental health provider is essential. This official diagnosis confirms that you have PTSD and connects it directly to the trauma of the accident
• Medical records: According to the DSM-5 criteria, you must prove that your symptoms persist for over a month and do not result from medications, substance use, or other medical conditions. Medical records from therapy, prescriptions, and other treatments provide essential evidence. These documents demonstrate how PTSD has impacted your life over time, showcasing both the persistence of symptoms and the level of care required
• Symptom documentation: Detailed accounts of symptoms and their effects on daily life can provide insight into the severity of PTSD. This includes personal notes or journals kept by the victim as well as testimony from family, friends, or coworkers who have observed changes in the victim’s behavior and well-being
• Expert testimony: While a diagnosis is essential, expert testimony from a psychologist or psychiatrist can be pivotal in a PTSD claim. In court or negotiations, the expert can explain how the accident led to PTSD, adding credibility to your case. This professional insight goes beyond the diagnosis, showing how PTSD impacts daily life and justifying the need for compensation
• Police report: The police report from the accident serves as an official record of the incident and can help establish the traumatic nature of the event, which is fundamental to proving the cause of PTSD
• Lifestyle changes: Documenting how PTSD has altered the victim’s lifestyle, such as changes in work habits, social interactions, or daily routines, can illustrate the far-reaching effects of the condition
• Physical evidence: While it is a psychological condition, any physical evidence related to the accident, such as damage to the vehicle or photographs of the scene of the accident, can reinforce the trauma’s impact and lend weight to the claim
• Costs of treatment: Providing evidence of the financial impact of PTSD, including therapy bills, medication costs, and other treatment expenses, can further validate the claim and demonstrate the need for compensation

Types of Compensation for PTSD Claims

Economic damages

Economic damages provide compensation for the direct financial losses associated with PTSD treatment and its impacts on a car accident victim’s life. These damages typically cover the costs of ongoing therapy, psychiatric care, medication, and other necessary medical treatments that help manage PTSD symptoms. This category also includes expenses related to hospital stays, emergency room visits, or any specialized medical equipment that may be needed as part of the treatment plan.

Additionally, economic damages can extend to cover lost wages if PTSD hinders the individual’s ability to work. The compensation might also account for lost earning capacity for those unable to return to their previous employment due to their condition. Furthermore, because PTSD can require long-term care, future medical expenses are often included. This ensures that the victim has financial support for ongoing treatments, allowing them to continue receiving necessary care without bearing the financial burden.

Non-economic damages

Non-economic damages compensate for intangible losses related to PTSD, such as emotional distress, pain, suffering, and loss of enjoyment in daily life. This compensation addresses the profound impact PTSD can have on an individual’s mental health, personal relationships, and overall quality of life. These damages are more challenging to quantify since they don’t involve direct financial costs. Instead, they reflect the personal toll of living with ongoing psychological distress and the ways it alters one’s ability to experience happiness or maintain meaningful connections.

Courts often use a multiplier method to calculate non-economic damages, where they apply a number—typically one to five—to the amount of economic damages. The chosen multiplier reflects the severity of the emotional harm. For example, if PTSD severely disrupts the victim’s ability to work, socialize, or function normally, a higher multiplier is likely to be applied, increasing the overall compensation for these deeply personal hardships.

Punitive damages

Punitive damages are awarded in cases where the at-fault party’s conduct is deemed especially harmful, such as in incidents involving extreme negligence or reckless behavior like drunk driving. Unlike economic and non-economic damages intended to compensate the victim, punitive damages aim to penalize the responsible party for their actions. This compensation also serves a broader purpose: deterring others from engaging in similarly dangerous or irresponsible behavior.

In the context of a car accident resulting in PTSD, punitive damages can highlight the seriousness of the at-fault party’s misconduct. Courts may consider factors such as the level of recklessness, prior offenses, and the potential danger the behavior posed to public safety. While less common, these damages are awarded to emphasize accountability, making a clear statement against such egregious behavior and reinforcing societal standards of safety and responsibility.

Steps to File a PTSD Claim After a Car Accident

• Seek medical attention: Begin by consulting a mental health professional who can officially diagnose PTSD. Documenting your symptoms and receiving ongoing treatment will not only aid in recovery but also strengthen your claim by providing concrete medical evidence
• Gather evidence: Gather any paperwork related to the accident. This includes police reports, witness statements, and photographs of the scene. Additionally, compile your medical records and any mental health assessments that directly connect your symptoms to the accident
• Consult a personal injury lawyer: Enlisting an experienced lawyer is crucial. They can guide you through the intricacies of the legal process, help you understand the value of your claim, and ensure that all paperwork is filed correctly
• File the claim: Working with your lawyer, submit your claim to the at-fault driver’s insurance provider. If the insurance company does not offer a satisfactory settlement, your lawyer can advise on the potential benefits of filing a lawsuit
• Prepare for negotiation or trial: While many cases are resolved through negotiation, be prepared to go to trial if necessary. Your lawyer will represent your interests, aiming to secure compensation that reflects the impact of PTSD on your life

Overcoming Insurance Company Tactics

Insurance companies often use various tactics to reduce or deny PTSD claims, but there are ways to counter these efforts and advocate for fair compensation effectively.

Questioning the diagnosis

Insurers might suggest that your PTSD is unrelated to the car accident or that you had prior mental health issues. To counter this, provide thorough medical history documentation and, if necessary, seek testimony from a mental health professional. This can confirm that your PTSD is a direct result of the accident, emphasizing any pre-accident mental health screenings or evaluations that showed no signs.

Minimizing symptoms

Adjusters may try to argue that your symptoms are not severe or disruptive enough to warrant compensation. Combat this by collecting detailed statements from healthcare providers, family members, or even colleagues who have witnessed changes in your behavior. Testimonies that explain how PTSD has impacted your daily life, work, and relationships can be powerful in highlighting the genuine severity of your condition.

Offering low settlements

Insurance companies may present a quick, low settlement offer, hoping you will accept it without fully considering the long-term impact of PTSD. Contact a personal injury lawyer who can evaluate your case's worth before you sign any settlement paperwork. They can negotiate with the insurance company, ensuring that the settlement reflects your immediate medical costs and future therapy, lost wages, and non-economic damages like emotional suffering.

Conclusion

Filing a PTSD claim after a car accident can be challenging, but it’s entirely possible with a solid strategy. You're already on the right path by recognizing the symptoms, gathering clear medical evidence, and understanding the tactics insurance companies might use. Compensation is possible based on legal precedents, but success often depends on presenting strong evidence and expert testimony.

Because PTSD claims involve both legal and psychological complexities, having a personal injury lawyer by your side is essential. An experienced lawyer can guide you through the legal process, negotiate with insurers, and ensure fair compensation for your trauma. At YourAccident.com, we can connect you with experienced personal injury attorneys specializing in these cases. With a free case evaluation, you can explore your options and focus on recovery while they handle the legal details.