After a serious accident, physical injuries are just one part of the recovery process. Many victims also experience intense emotional distress that can affect their ability to work, maintain relationships, and live their daily lives. In California, personal injury lawsuits can cover PTSD and other emotional damages, given there is a clear link between the incident and the development of the condition. Continue reading and contact the Law Office of Allister R. Liao, P.C. to discover how a San Mateo County, California motor vehicle accident lawyer can help during your case.
What is PTSD?
PTSD, or post-traumatic stress disorder, is a psychiatric condition that can occur in individuals who have experienced or witnessed a traumatic or life-threatening event. It is common for those who have experienced battle, natural disasters, serious car crashes, and other incidents to develop the symptoms of PTSD.
Common symptoms experienced by those with this condition include flashbacks and intrusive thoughts, anxiety, depression, nightmares, insomnia, and avoidance behaviors. For example, after being involved in a serious car accident where you believed you could die or sustain life-long injuries, you may develop a fear of driving. This could cause you to have panic attacks when inside motor vehicles or have dreams where you relive the experience.
Do Personal Injury Lawsuits Cover PTSD in CA?
The state recognizes the significant impact that emotional injuries can have on victims, so individuals are entitled to recover both economic and non-economic damages caused by another party’s negligence. Non-economic damages include physical pain, suffering, and emotional distress. PTSD is considered a legitimate psychological injury under California law and can be included in a personal injury lawsuit.
If your PTSD was directly caused by the accident, you can pursue and be awarded damages. While PTSD is a non-economic damage, it can also have a financial value associated with it. PTSD-related therapy sessions, diagnostic testing, treatment, and medications can also be compensated under economic damages.
How Do You Prove PTSD in an Injury Claim?
In order to prove your PTSD and be awarded compensation, you must be able to provide evidence establishing that the condition exists, that it was caused by the defendant, and the extent to which it impacts your life. Consider the following important evidence.
- Medical documentation: Evidence from mental health professionals is crucial. This includes diagnostic records, therapy notes, and treatment plans.
- Personal documentation: Journals detailing your emotional struggles, trouble sleeping, or panic attacks can help demonstrate how PTSD has affected your daily life.
- Expert testimony: Licensed psychologists or psychiatrists can speak to your condition and its severity. Economists and vocational experts can also provide information on the financial impact of PTSD and how it has and will affect your ability to work and earn an income.
- Statements from loved ones: Statements from family, friends, or coworkers can serve as additional evidence of your personality or behavior changes since the accident.
You must be able to prove that the PTSD was caused by the accident and not by some unrelated prior trauma. A personal injury attorney can ensure that all necessary documentation is gathered, authenticated, and presented in an effective and complete manner. Reach out to a skilled lawyer today.