Car accidents are one of the leading causes of post-traumatic stress disorder (PTSD) in the US. While most injured victims seek compensation for physical injuries, those diagnosed with PTSD may also be eligible for settlements that cover related psychological damages as well.
Read on to learn if you qualify to file a PTSD-related claim, how to file one, and how to increase your chances of winning a PTSD settlement.
PTSD from Car Accident Symptoms
If you were not diagnosed with post-traumatic stress disorder after your accident, check to see if you are suffering from the following PTSD symptoms:
- Extreme anxiety riding in or driving vehicles
- Fear of roadways and vehicles
- Constant nightmares and/or insomnia
- Trouble believing that the accident really happened
- Recurring memories of the accident that you cannot stop
- Feelings of being disconnected from others
- Difficulty recollecting details of the accident (the difficulty can be a result of not wanting to revisit the accident, and/or denial of the event itself)
- Dissociating, and feeling a loss of identity
Can You Sue for PTSD From Car Accidents?
Yes, if you were diagnosed with PTSD after being injured in a traffic accident, you may be entitled for compensation—but only if you also sustained serious injuries as well. This is because emotional injuries on their own are often much harder to win compensation for than physical damages.
Filing a PTSD Lawsuit
Before filing a PTSD Lawsuit, it is recommended that your case matches the following criteria to have a greater chance of collecting a settlement:
- The car accident was caused in major part by another’s negligence (whether they be another negligent driver, a construction site obstruction, roadway obstacles, pedestrians, etc.)
- You sustained serious injuries that impacted your way of life such as broken bones, internal bruising, whiplash, muscle or ligament sprains or breaks, cuts or lacerations, and burns
- You received a diagnosis of PTSD after the accident by a qualified professional
- Your claim is processed within 3 years of the accident to meet New York’s statute of limitations
Evidence Needed for Strong PTSD Cases
Victims looking to file such a lawsuit can also get a head start on their case by providing a personal injury lawyer with the following documents (or ask a PTSD attorney for help gathering these):
- A copy of the police report from the scene of the accident
- Copies of all medical records relating to injuries sustained from the accident (evidence of diagnoses, surgeries, medications, and other treatments)
- Official copies of a PTSD diagnosis from a qualified professional
- Witness testimonials
- Camera footage and pictures of the accident
These are just a few documents that may help PTSD victims get a head start on their case. However, all cases are different, and require different types of documents and evidence. A personal injury lawyer will help you gather everything needed to complete your case, and make sure all deadlines are met throughout the legal process.
PTSD Car Accident Settlements
The largest settlement amounts for car accident PTSD are typically won in personal injury lawsuits. Generally, the more severe a person’s injuries, the greater the settlement they receive to cover related damages. This is especially true if the injuries impact a victim’s way of life, such as being unable to work, afford treatment, and/or remain self-sufficient.
Emotional damages that are directly related to an injury accident can require the same level of treatment as severe injuries. PTSD and other severe psychological injuries can impact a person’s way of life just as much—if not more—than broken bones. Because of this, settlement amounts may be higher for accident victims to help cover PTSD damages on top of their physical injuries.
Contact a NY PTSD Car Accident Lawyer In NY
Sobo & Sobo has won PTSD settlements for victims across NYC, the Hudson Valley and the tri-state area for over 50 years. Call 855-468-7626 or contact us online to schedule a free consultation with a PTSD accident lawyer in New York. We are looking forward to hearing your story, and how we can help win the settlement and justice you deserve.
