You can pursue compensation for post-traumatic stress disorder (PTSD) after a car accident. You can also recover damages for other related expenses, such as physical therapy, medications, and mental health services.
To recover compensation after a car accident, you must prove that because another party acted negligently, you suffered harm. This is where matters can get complicated. Yet, you can partner with a car accident lawyer on your injury claim or lawsuit.
What Is PTSD? What Are the Signs?
Per Mayo Clinic, PTSD is a mental condition stemming from a traumatic event, such as a serious car accident. Symptoms include:
- Re-experiencing the traumatizing event through nightmares, flashbacks, or repeated intrusive thoughts
- Avoiding persons, places, and activities related to the event
- Experiencing protracted or intense psycho-emotional distress upon exposure to certain triggers
- Changes in cognition and mood, such as fear, anger, horror, guilt, or shame
- Sleep and concentration difficulties
- Loss of interest in once enjoyable activities
- Feeling disconnected or estranged from others
Sometimes, depression, anxiety, and other conditions can compound PTSD, impairing one’s quality of life.
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You Can Recover Compensation for PTSD After a Car Accident
If you’ve been diagnosed with PTSD after a collision, you can recover each expense related to your diagnosis, including:
- Medications, such as antidepressants
- Mental health services, such as working with a therapist
- Lost income, if your condition prevents you from working
- Pain and suffering, which reflects the hardships you’ve endured
- Property damage costs, including the cost of fixing your car
- Temporary transportation arrangements
- Childcare costs
- Loss of consortium
How Much Can I Get for PTSD Through a Claim or Lawsuit?
How much you can recover for your PTSD diagnosis depends on your situation. For instance, if you’re suffering from PTSD and cannot work, you will likely recover more than someone who can continue working.
Other factors that could add to your settlement’s value include:
- Your role in the collision
- Your day-to-day function
- Whether you can continue working
- Your relationships with close loved ones
- Your diagnosis and prognosis
- Whether you have other mental health complications or injuries
Your lawyer may consider other factors when determining what constitutes a fair settlement offer. We ask that while considering legal action, do not accept a settlement from the insurer. Doing so will invalidate your right to request more money.
You Generally Have Two Years to File an Injury Lawsuit
You don’t have an unlimited time to file a lawsuit after suffering PTSD from a collision. You generally have two years to file your case, per O.C.G.A. § 9-3-33.
Your filing deadline begins from the date your accident happened or when you lost a loved one. In certain situations, if your condition didn’t manifest until long after your accident happen, you could have more time to file your case.
Your Portion of Fault for the Accident Can Affect Your Settlement Amount
Georgia is an at-fault state, meaning that if you caused less than 51 percent of the accident, you can recoup compensation for your losses.
Yet, if you’re deemed partially at fault, Georgia’s comparative negligence laws might apply, and your payment might be decreased by your portion of fault. For instance, if your damages total $1 million, and you contributed to 40 percent of the collision, you could recover $600,000.
It’s important to note that recovering compensation for a psychiatric condition related to your accident can be challenging. For this reason, the help of a personal injury attorney could prove invaluable in your case.
Considerations If You’re Experiencing PTSD After a Car Accident
If you’re experiencing PTSD symptoms or other health complications, these considerations could protect your right to damages:
- Visit a healthcare provider as soon as possible and make sure all your significant mental and physical injuries are given proper medical care.
- Consider hiring a personal injury lawyer who can help you with the rest of the claims process.
- Notify the liable insurer about the car accident as soon as possible. If you have an attorney, they will send a letter of representation for you.
- Keep everything related to your case, including the names of your medications, treatment records, and other supporting information.
As mentioned earlier, we also recommend prompt legal action. If the statute of limitations expires on your case, you’ll be unable to pursue damages through the civil court system.
We’re Ready to Pursue Each of Your Injury-Related Losses
At Bader Scott Injury Lawyers, we have a proven record of success in auto accident claims involving PTSD and other health complications. In addition to working closely with your healthcare team, we will itemize your losses, file your claim, and litigate your case.
For a free and confidential consultation, please call us today and find out how we can seek the compensation you need. We help injured claimants on a contingency-fee basis, so you don’t pay our attorney’s fees unless we recover compensation for you.