Car crashes can cause severe physical harm, but often, the mental toll may be downplayed or overlooked. However, being involved in a severe accident is enough to cause some victims to suffer post-traumatic stress disorder (PTSD). If another driver’s negligence was responsible, it is important to understand when you may be able to sue after a crash.
Table of Contents
- Can I Seek Compensation for PTSD After a Harrisburg Car Accident?
- What Are the Challenges of Proving PTSD Claims?
- How Can I Build a Strong PTSD Case?
- What Type of Compensation Can I Seek for PTSD?
- What Are the Symptoms of PTSD?
- Suffering from PTSD After a Car Crash? Contact Schmidt Kramer Injury Lawyers Today
If you are suffering from PTSD after a car accident, our Harrisburg car accident attorneys are here to help. During a free consultation, we can discuss your potential legal options and determine if you may be eligible to seek compensation for your damages.
Call us today for a free case review at 717-727-2500.
Can I Seek Compensation for PTSD After a Harrisburg Car Accident?
Victims should know that Pennsylvania law allows car crash victims to seek compensation for physical injuries as well as psychological injuries. However, Pennsylvania is a no-fault insurance state, which means your first avenue for recovering compensation for medical costs would be through the personal injury protection (PIP) coverage of your own policy.
If your medical costs exhaust your PIP coverage, you may be eligible to recover additional compensation by filing a lawsuit against the at-fault driver’s insurance. It is a good idea to speak with an attorney soon after your crash to discuss what compensation you may be able to seek. The type and amount of compensation you can seek is unique to these and other circumstances:
- The extent and severity of your physical injuries
- The amount of available insurance coverage
- Whether there is sufficient evidence to prove your case
What Are the Challenges in Proving PTSD Claims?
While Pennsylvania law recognizes PTSD as a compensable injury, proving its existence and connection to a car crash can be difficult. Unlike physical injuries that can be seen through X-rays or other diagnostic tools, PTSD is not easily recognized. Victims depend on psychological evaluation and self-reported symptoms to prove the severity of PTSD.
Some common challenges in PTSD claims include:
- Skepticism from insurance companies or opposing parties
- Difficulty in distinguishing PTSD from pre-existing mental health conditions
- Variability in how PTSD affects different individuals
- The subjective nature of psychological pain and suffering
What Evidence Is Needed to Build a Strong PTSD Case?
You can strengthen a PTSD claim after a car crash by working with an attorney to help you gather key evidence such as:
Medical Records and Other Documentation
After a car crash, it is vital that you seek help for your PTSD from a mental health professional to determine the severity of your condition and what treatment is needed to aid your recovery. Your medical visits, diagnosis and resulting treatments will all help to support your claim. Medical documentation that may provide evidence of your PTSD include:
- Medical records to show diagnostic testing done, your doctor’s diagnosis, prescribed treatment and follow-up care
- Any medications prescribed to manage your PTSD
- Sleep studies documenting disturbances related to nightmares or anxiety
- Brain imaging studies showing changes consistent with PTSD
- Injury journal with your daily entries documenting the severity of your symptoms and daily impact to your quality of life
Expert Testimony
Medical experts can provide important testimony about the nature of PTSD, its connection to the accident and its impact on the victim’s life.
These types of experts could be used to prove the severity of your case.
- Psychiatrists or psychologists who have treated the victim can provide a treatment plan and the severity of symptoms.
- Neuropsychologists can analyze cognitive impairments that are linked to PTSD
- Vocational experts can discuss how PTSD affects the victim’s ability to work
Personal Impact Statements
Detailed accounts from the victim’s family, friends or coworkers can illustrate how PTSD has affected different aspects of the victim’s life, including:
- Changes in personality or behavior
- Difficulties in maintaining employment
- Strain on personal relationships
- Inability to participate in activities once enjoyed
What Type of Compensation Can I Seek for PTSD?
Victims who successfully prove their PTSD resulted from a car crash may be eligible for various forms of compensation, including:
Economic Damages
Economic damages are tangible financial losses that victims have after a car accident. They may include:
- Medical expenses related to PTSD treatment
- Therapy and counseling costs
- Prescription medication expenses
- Lost wages or reduced earning capacity due to PTSD symptoms
Non-Economic Damages
These types of damages refer to losses that do not have a direct monetary value but significantly impact the victim’s quality of life.
Common types of non-economic damages are:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
What Are the Symptoms of PTSD?
PTSD is a mental health disorder that can arise after experiencing or witnessing a traumatic event. PTSD can impact anyone who has faced a life-threatening situation, including survivors of car crashes.
Symptoms of PTSD can include:
- Intrusive memories or flashbacks of the accident
- Severe anxiety in situations that remind the person of the crash
- Nightmares or sleep disturbances
- Hypervigilance or an exaggerated startle response
- Emotional numbness or feeling detached
- Avoidance of driving or being in vehicles
- Persistent negative thoughts or changes in mood
These symptoms can significantly disrupt daily life, making it difficult for a person to work, maintain relationships and enjoy activities they once loved. For some victims, PTSD symptoms may not appear immediately after the accident but can develop weeks or even months later.
Suffering from PTSD After a Car Crash? Contact Schmidt Kramer Injury Lawyers Today
If you or a loved one is struggling with PTSD after a car crash, it is crucial that you seek medical health first and foremost. We also recommend consulting with an attorney to determine if you have legal options for recovering your damages. A knowledgeable attorney can determine your potential legal options in a free, no-risk consultation.
At Schmidt Kramer, we are here to help you. Our trusted law firm has a history of securing favorable outcomes for our clients and an experienced and compassionate legal team. With that in mind, it is also important to remember that strict deadlines apply in Pennsylvania. Waiting too late to call an attorney could severely impact your ability to recover compensation.
Experienced Lawyers. Proven Results: 717-727-2500.