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A Car Accident Can Turn Your Life Upside Down in An Instant.
While physical injuries are usually the first concern, the mental and emotional scars can be just as debilitating for victims. Post-traumatic stress disorder, or PTSD, is a common consequence of car accidents. Severe cases can significantly impact your ability to work, maintain relationships, and enjoy life as you did before the accident.
The effects of car accident injuries oftentimes go beyond broken bones, lacerations, spinal cord injuries, and other physical injuries. PTSD can complicate the recovery process and have a large impact on your legal settlement. If you’re struggling with PTSD after a car accident, you’re not alone – and you deserve to be compensated for all your damages.
How PTSD Impacts Your Car Accident Settlement
When you file a car accident claim, you’re entitled to compensation for all your damages, including both economic and non-economic losses. PTSD falls under the category of non-economic (intangible) damages, which also includes pain and suffering, emotional distress, and loss of enjoyment of life.
PTSD can affect your car accident injury claim in many ways:
Increased Medical Expenses
Treating severe cases of PTSD usually requires therapy, medication, or other forms of mental health counseling. These expenses can add up quickly – and need to be included in your settlement demand.
Lost Wages
PTSD makes it difficult to work for many victims, especially if their job requires them to drive or be in situations that trigger their symptoms. If you are struggling to work after your accident, you may be entitled to compensation for lost wages, both past and future.
Pain and Suffering
Pain and suffering refers to the daily hardships you face after an accident. If you’re struggling with PTSD, this may involve issues with sleeping, emotional distress, and reduced quality of life. You deserve to be compensated for these issues you’ve endured as a result of the accident and your PTSD.
Proving PTSD in Your Car Accident Claim
Proving PTSD can be challenging, as it’s an “invisible” injury. Additionally, it can be difficult to quantify the extent of the problem. Unlike a broken bone, there’s no X-ray to confirm the diagnosis. However, there are several steps you can take to strengthen your claim:
Step 1: Seek Medical Treatment
The first (and most important) step in proving PTSD is to seek professional help from a qualified mental health professional. A diagnosis of PTSD from a psychiatrist or psychologist is crucial to your claim.
Step 2: Document Your Symptoms
A great way to showcase issues related to PTSD is to keep a journal of your struggles. This should include when they occur, how they affect you, and any triggers you notice. This documentation can provide valuable evidence to support your car accident injury claim.
Step 3: Gather Medical Records
If you’re seeking medical care – like counseling or therapy – be sure to keep ALL copies of your records related to your PTSD treatment. This would commonly include therapy notes, medication prescriptions, and any other relevant documentation.
Step 4: Get Expert Testimony
When you’re struggling with PTSD, working with a mental health professional who is qualified to provide testimony can play a key role in your ability to seek compensation. Their job is to explain your PTSD diagnosis, its impact on your life, and the treatment you require – providing concrete evidence in the legal process.
How a Denver Car Accident Injury Can Help
If you’ve been injured in a Colorado car accident – and are suffering from PTSD, making a consultation with an Aurora car accident lawyer is a great first step. These consultations are free – and the attorney will work with you to understand the depth of your hardships. From here, they can guide you through the legal process, from filing a claim to negotiating for compensation.
Here is an overview of what car accident attorneys do:
Investigate the Accident
The attorney can conduct a thorough investigation of the accident to determine who is liable and gather evidence to support the claim. This process may involve working with experts to reconstruct the accident scene, interview witnesses, and review all relevant reports to build a strong case.
Gather Medical Evidence
The firm you hire may work closely with medical providers to gather all necessary records and expert testimony to support your PTSD diagnosis and demonstrate its impact.
This commonly includes consulting with mental health professionals to assess the long-term effects of the trauma and how it affects your daily functioning. They may also collect documents related to treatments, therapies, and any other related care that helps substantiate the severity of the condition. This medical evidence can verify that your suffering is accurately represented and fully compensated for.
Place a Value on Your PSTD
As mentioned, PTSD can be difficult to quantify in a personal injury case. When you work with a car accident injury lawyer, they can work with both you and medical professionals to understand the depth of your emotional anguish. From here, they can help you calculate a monetary value to factor into the claim.
Negotiate with the Insurance Company
This is the most important reason to hire a car accident lawyer. When you file an injury claim, the liable party’s insurance company may try to downplay your PTSD symptoms and offer a low settlement. Car accident attorneys are trained to aggressively negotiate with the insurance company to make sure you receive the full compensation.
File a Lawsuit if Necessary
If the insurance company refuses to offer a fair settlement, your attorney may advise that you file a lawsuit and take the case to trial. They will assess all options and, if litigation is the best move, will aggressively represent you in court.
Don’t Suffer in Silence
If you’re struggling with PTSD after a car accident in Colorado, you don’t have to deal with the problems on your own. You deserve to be compensated for all your damages, including the emotional and psychological impact of the accident.
Look at car accident attorneys in your area and make a consultation to understand your legal options for PTSD in a car accident settlement.
