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PTSD isn’t something that just military personnel and first responders get when they experience unimaginable things. Unfortunately, car accident victims regularly sustain and suffer from long-term symptoms of PTSD, though they rarely receive the correct diagnosis. But what happens if you are suffering from symptoms of PTSD after a collision? Can you recover compensation?
One study showed that as much as 46.5% of study participants had severe symptoms of PTSD following a vehicle accident. This is a significant statistic, as many people think only of physical injuries when they consider the aftermath of a crash. However, mental and emotional trauma, like PTSD, can be just as debilitating.
PTSD often includes symptoms like flashbacks, nightmares, and heightened anxiety, particularly when the person is reminded of the crash. These symptoms may appear when the individual drives by the scene of the accident or encounters certain triggers, such as loud noises or specific smells. In some cases, PTSD can prevent a person from driving altogether, impacting their ability to work, engage in social activities, or even leave the house.
Because PTSD symptoms may not appear immediately after a crash, many people do not realize the extent of their mental health struggles until weeks or even months later. This delay can lead to difficulties in receiving the appropriate diagnosis and treatment, further complicating the recovery process. It is essential for car accident victims to monitor their mental health after an accident and seek help if they notice symptoms of PTSD.
Victims of car accidents in Kentucky can pursue compensation for the mental and emotional trauma they experience, including PTSD. When seeking compensation, PTSD falls under non-economic damages, which are meant to cover losses that are not easily calculated, such as pain and suffering, emotional distress, and loss of enjoyment of life.
To successfully recover compensation for PTSD, a victim needs to establish that the accident caused their condition. This process involves seeking a professional diagnosis from a qualified mental health expert, such as a psychologist or psychiatrist, who can confirm the presence of PTSD and provide documentation supporting the claim. It is also crucial for the victim to follow through with treatment, which could include therapy, counseling, or medication.
Determining the amount of compensation for PTSD is not as straightforward as calculating medical bills or lost wages. However, attorneys often use methods like the multiplier method to help quantify non-economic damages. The multiplier method takes the victim’s economic damages, such as medical expenses, property damage, and lost wages, and multiplies them by a number ranging from 1.5 to 5. This number reflects the severity of the non-economic damages.
For example, if a car accident victim incurs $50,000 in economic losses due to medical bills and lost income, and a multiplier of 3 is applied, the total non-economic damages, including compensation for PTSD, could be $150,000. The multiplier may vary based on the severity of the victim’s PTSD, the length of recovery, and the overall impact the condition has on the victim’s life.
In some cases, the compensation for PTSD may be a substantial portion of a car accident settlement, particularly when the symptoms are severe and long-lasting.
Recovering compensation for PTSD after a car accident can be challenging without the assistance of an experienced attorney. Insurance companies often undervalue or dismiss the psychological effects of a crash, focusing instead on visible physical injuries. An attorney can help you navigate the claims process by ensuring that your PTSD is fully documented and that you receive fair compensation for your emotional and psychological suffering.
Your attorney can also gather evidence to strengthen your claim, such as:
Additionally, an attorney will handle negotiations with insurance companies to ensure that they consider the full scope of your damages, including PTSD, when calculating a settlement offer. If necessary, your attorney can also take the case to court to pursue the compensation you deserve.
If you or a loved one are suffering from PTSD after a car accident, you should not have to face the challenges of recovery alone. PTSD can significantly affect your quality of life, and you deserve compensation for the emotional and psychological toll the accident has taken on you. Contact a Lexington car accident attorney day to discuss your case and move forward.