Physical injuries often result from accidents, but they are not the only type of injury you can sustain. For many victims, the psychological impact of a traumatic event can be just as debilitating as physical harm.
Post-traumatic stress disorder (PTSD) is a serious and sometimes overlooked consequence of personal injury accidents. For many personal injury victims, understanding and recognizing the symptoms of PTSD is crucial for obtaining appropriate medical care and fair compensation.
At Minton Law Firm, we believe that justice must account for the full scope of harm, both seen and unseen. In this article, we will discuss what PTSD is, how it can arise in personal injury cases, and what victims need to know when pursuing legal action.
Post-traumatic stress disorder is a mental health condition that can develop after experiencing or witnessing a traumatic event. PTSD can arise from many types of trauma, including military combat, assault, witnessing violence, or being involved in a severe accident.
Symptoms of PTSD can vary widely but generally fall into four categories:
Unlike typical stress responses, PTSD involves a prolonged and intense emotional reaction that can disrupt various aspects of daily life.
PTSD could possibly be overlooked in personal injury claims because the focus leans toward visible injuries like fractures, burns, or lacerations. However, trauma from a severe accident can leave lasting emotional scars.
The following are some common scenarios where PTSD may develop after an injury.
Car, truck, and motorcycle accidents are among the most common causes of post-traumatic stress disorder in personal injury cases. The suddenness, violence, and sensory overload of a collision can take an emotional and psychological toll, especially when injuries are severe or fatalities occur.
Victims of a car accident may:
Workers exposed to traumatic incidents on the job, such as falls or explosions, may develop PTSD. High-risk industries like construction, manufacturing, and emergency services are particularly prone to such cases. Employers and insurers often overlook the psychological toll of these accidents, focusing instead on physical injuries.
While often seen as less severe, falls can be traumatic, especially when they involve head injuries, long recovery periods, or permanent disability. The unexpected nature of a fall can leave victims with a heightened sense of vulnerability and fear, especially in older adults. PTSD may result when the fall creates a persistent fear of re-injury or limits the person’s ability to resume daily activities.
Victims of physical or sexual assault often experience intense psychological injuries. The intentional nature of the assault can compound the emotional impact, often making the PTSD symptoms more severe and long-lasting.
The shock, fear, and helplessness associated with a violent encounter can lead to recurring:
Life-altering injuries such as traumatic brain injuries, spinal cord damage, amputations, or severe burns often involve terrifying circumstances. Beyond the physical damage, the trauma of the incident itself and the emotional toll of adjusting to a new lifestyle can trigger PTSD.
Victims of catastrophic injuries may experience anxiety about their future, chronic depression, and persistent fear of similar incidents happening again.
When you go to the doctor for a medical appointment, you don’t expect to be harmed by the very person you entrust with your care. If medical errors lead to devastating outcomes such as disfigurement or loss of a limb, the betrayal of trust and physical suffering can trigger PTSD.
Victims of medical malpractice may:
Unlike broken bones that can be seen on an X-ray, post-traumatic stress disorder silently affects your internal world.
It can lead to:
Are you suffering from PTSD as a result of a personal injury? If so, you may be entitled to compensation under several categories of damages. These include both economic and non-economic damages.
You can claim compensation for the cost of diagnosing and treating PTSD, including:
Future medical expenses for ongoing treatment may also be included, especially if supported by medical expert testimony.
PTSD can interfere with your ability to work. If you have missed work due to your symptoms or if your condition has reduced your future earning potential, you can seek compensation for:
This is a broad category that covers the emotional distress and psychological suffering caused by PTSD.
It includes:
PTSD can severely affect personal relationships, including spousal intimacy and parental responsibilities. If your condition has negatively impacted your ability to maintain a normal family life, your spouse and children may be entitled to loss of consortium damages.
One of the most difficult aspects of seeking compensation for PTSD is proving the existence and severity of the condition in court or during settlement negotiations. Unlike physical injuries, PTSD lacks external indications, making it more vulnerable to skepticism from insurance companies or opposing parties.
Let’s discuss the following challenges of proving PTSD when pursuing a personal injury claim.
PTSD is largely diagnosed based on self-reported symptoms, such as anxiety, nightmares, and mood swings. These subjective experiences are harder to prove compared to physical injuries supported by medical imaging or physical exams.
PTSD symptoms may not surface for weeks or even months after the traumatic event. This delay can make it more difficult to link the condition directly to the incident in question. This is especially true if you do not seek immediate help from mental health professionals.
It is often necessary to have expert testimony from a licensed psychologist or psychiatrist to prove PTSD successfully. These medical professionals must not only confirm the diagnosis but also draw a clear connection between the trauma and your symptoms.
Courts and insurers may analyze the consistency and length of time you received treatment from a mental health professional. Gaps in therapy or a lack of documentation can weaken a personal injury claim and may suggest a lack of severity or commitment to recovery.
Sadly, some jurors or others may have outdated views of mental health illness. They may doubt the legitimacy or impact of psychological injuries. Overcoming this bias requires compelling evidence and the help of a skilled personal injury lawyer.
Despite the challenges, PTSD can and should be taken seriously in personal injury claims.
Here are some key steps to build a solid case:
Navigating a personal injury case involving PTSD without the help of a lawyer is risky. Unlike visible injuries, PTSD is often questioned or misunderstood by defense lawyers, jurors, and insurance adjusters.
Here are some ways a personal injury attorney can make a difference.
An experienced personal injury lawyer will work closely with mental health professionals to:
Insurance adjusters often undervalue PTSD claims or try to settle them quickly for less than you deserve.
A skilled personal injury attorney can:
If a fair settlement agreement cannot be reached, your lawyer may suggest filing a personal injury lawsuit.
Your personal injury attorney will present your case in court by:
All states have specific statutes of limitations for filing personal injury claims involving psychological injuries.
A personal injury lawyer can ensure that:
At Minton Law Firm, we recognize that not all injuries after a serious accident are visible. If you’re an accident victim struggling with PTSD, it can be disheartening even to try and do day-to-day tasks, let alone handle the legal challenges of filing a personal injury claim.
You do not have to go through this difficult time in your life alone. Our compassionate and experienced legal team knows how to navigate the challenges of proving psychological injuries. We work with top medical experts to build compelling cases for our clients.
If you or a loved one is suffering from post-traumatic stress disorder as a result of an accident or traumatic incident, contact us today for a free consultation. Call us at 501-222-HURT or complete the contact form to schedule an appointment with us.
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