Being in a car accident can be an incredibly scary, overwhelming, and traumatic experience. Unfortunately, many experience more than bodily injuries; those involved in car accidents may develop Post-Traumatic Stress Disorder as a result of the incident. If you developed symptoms of PTSD in the weeks or months following a car accident, you may be able to collect compensation for both your economic and non-economic damages. Obtaining the right legal representation for you is crucial during this time. Work with a San Mateo County, California car accident lawyer for skilled legal advice during your case.
How Can a Car Accident Lead to PTSD Symptoms?
A car crash can be an incredibly traumatic event, especially when it involves serious injury, witnessing severe injuries, or even the fear of impending death. As such, those who are involved in a serious car crash may develop PTSD as a result. This is a recognized mental health condition that can impact multiple areas of someone’s daily life, from sleep and concentration to mood and daily function. Due to the nature of this condition, symptoms may appear immediately or weeks after the accident.
What PTSD Can Look Like After a Collision
- Trouble remembering the details of the event
- Feelings of anxiety and depression
- Vivid nightmares of the event
- Uncontrollable flashbacks
- The desire to avoid people, places, and feelings associated with the event
- Lashing out in fear or violence
- Being easily startled
- Difficulty falling or staying asleep
- Feeling constantly on edge
- Feeling misunderstood or judged by family and friends
- Experiencing shame, guilt, or hopelessness
How Do Car Accidents Trigger PTSD in California?
The human brain is designed to protect itself by noticing the signs of danger and enacting a sort of alarm system that tells you how to react in order for you to survive. However, after experiencing PTSD, the alarm system is easily triggered even when there is no danger in sight. This is because your body is remembering the collision as if it is happening again. Unfortunately, there are a number of factors that can increase the risk of developing this condition after a car accident.
Factors That Can Increase PTSD Risk
- Near-death experience
- Believing you may sustain a permanent injury
- Sustaining serious injuries, hospitalization, or a prolonged, painful recovery
- Being trapped in a vehicle
- High-impact collisions
- Prior trauma history that makes your nervous system more vulnerable
- Seeing another person suffer serious or fatal injuries
- Ongoing stressors after the collision, like financial strain or insomnia
Can You Get Compensation for PTSD After a California Car Accident?
Yes, if you were involved in a car accident and developed PTSD, you may be eligible to collect compensation. Under California personal injury law, emotional damages like PTSD are recoverable when they are the direct result of another person’s negligence in a car accident. As this is a legitimate and recognized condition that can result in both economic and non-economic damages. It’s important to understand that, in order to recover compensation, you must prove that PTSD exists and is connected to the collision.
What Makes PTSD “Compensable” in an Injury Claim
While no amount of money can permanently fix your mental state following a collision, it’s important to understand that recovering compensation can help ease the financial burden associated with a collision. As such, you may be able to recover compensation if the following are true:
- You have a formal diagnosis from a licensed mental health professional
- Medical records show ongoing treatment, symptoms, and functional impairment
- There is a clear link between the collision and the onset of symptoms
- There is evidence that supports claims that PTSD has affected your daily activities
- There is consistency across statements, medical records, personal logs, and witness observations
- There is proof that the condition is not pre-existing (or to show the aggravation of a pre-existing condition)
- There are damages associated with the PTSD diagnosis and symptoms
How Do You Prove PTSD in a Car Accident Claim?
PTSD claims can be difficult to prove, as, unlike physical injuries, you cannot show an X-ray of a broken bone or a scan of a herniated disc. As such, keeping your evidence organized, specific, and consistent is key to fighting for the compensation you deserve.
Evidence That Can Help Strengthen a PTSD Claim
- Medical documentation, like diagnosis notes, treatment records, symptom scales, and follow-up care summaries
- Expert testimony from clinicians and mental health providers
- Financial documentation like invoices, transportation costs, medication, and testing
- Journal entries that describe symptoms and their impact on daily activities
- Documentation from work, like HR records, attendance, and job duty restrictions
- Statements from friends and family about personal changes or new limitations
What Damages Can I Recover in a California PTSD Claim?
PTSD, though not like typical bodily injuries, can impact more than just your emotions. This condition can create lasting financial and quality-of-life impacts. As such, familiarizing yourself with the common types of compensation typically awarded in these cases can help you get a better understanding of what you may be eligible to recover.
PTSD-Related Losses Commonly Claimed After a Collision
- Therapy and counseling
- Psychiatric treatment
- Medication expenses
- Lost wages
- Reduced earning capacity
- Emotional distress
- Anxiety
- Loss of enjoyment of life
- Diagnostic and assessment costs
Contact an Experienced San Mateo County Car Accident Lawyer
At the Law Offices of Allister R. Liao, P.C., our dedicated legal team will do everything possible to help you recover the compensation and justice you deserve for the emotional damages you have suffered as a result of your PTSD diagnosis. Our team is ready to represent you during these difficult times. Contact us today to learn how we can represent you.