An individual can experience post-traumatic stress disorder (PTSD) after a car accident caused by someone else. In this instance, PTSD can impact the accident victim’s physical and emotional well-being. The individual is financially responsible for any PTSD therapies, despite the fact that the accident occurred through no fault of their own.
For those who experience PTSD symptoms after a car accident, it can be beneficial to consult with a car accident attorney. At Gatti, Keltner, Bienvenu & Montesi, PLC, we can help you determine if you can pursue damages relating to a car accident. We also provide answers to frequently asked questions surrounding PTSD and car accidents below.
Is It Common to Get PTSD After a Car Accident?
In one study of 155 motor vehicle accident patients, researchers found that 8% of participants developed complete PTSD. They also noted stress is one of the biggest factors in whether an individual experiences PTSD symptoms following a motor vehicle accident. Meanwhile, another study revealed motor vehicle accident victims are susceptible to PTSD and other chronic emotional problems.
A car accident victim who experiences PTSD symptoms should seek immediate medical help. In addition, the victim should consult with a car accident lawyer. This can help the victim determine if now is the right time to pursue damages from anyone responsible for their accident.
Car accident victims can pursue non-economic damages for emotional trauma. If a car accident victim experiences PTSD symptoms, this individual may seek damages to cover the costs of any associated treatments. Plus, the victim can pursue damages for any pain and suffering relating to their accident.
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How Can You Prove You Are Dealing with PTSD After a Car Accident?
Evidence is crucial in a car accident lawsuit, particularly for those who experience PTSD. A car accident victim should meet with a doctor and undergo a full evaluation. The doctor can then determine if the victim should be diagnosed with PTSD or any other mental or physical health conditions.
If a car accident victim is diagnosed with PTSD, collect and organize all associated medical records. The victim can present these records in a car accident case. In doing so, the victim can show a judge the impact of a car accident on their overall wellbeing.
A car accident attorney can provide tips and insights on how to retrieve evidence. The lawyer can review their client’s medical records and other evidence relating to the individual’s PTSD symptoms. This attorney can help their client decide how much to pursue in damages from an at-fault party in a car accident case.
Is There a Limit on the Amount of Damages a Plaintiff Can Receive Due to PTSD from a Car Accident?
There can be limits on non-economic damages for PTSD after a car accident, depending on where a lawsuit is filed. A car accident attorney knows the ins and outs of the personal injury law. The attorney can explain how much a car accident can pursue in non-economic damages and prepare accordingly.
A car accident attorney reviews their client’s medical costs and any other PTSD-related expenses. Also, the attorney considers any property damage, loss of income, and other economic damages that their client can pursue. Next, the attorney can file a lawsuit to help their client pursue the maximum amount of economic and non-economic damages.
Along with economic and non-economic damages, a court may award punitive damages to a car accident victim. Punitive damages are rarely awarded and are neither economic or non-economic. They are awarded in instances where a court wants to deter an at-fault party from future negligent acts.
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How Much Time do You Have to File a Claim for Damages Due to PTSD from a Car Accident?
Each state has its own statute of limitations for filing personal injury lawsuits. The statute of limitations gives a car accident victim a set amount of time to pursue damages from anyone responsible for PTSD or other trauma. If the victim does not file their lawsuit in accordance with the statute of limitations, this individual cannot receive damages in court.
Those who experience PTSD after a car accident caused by someone else should meet with a personal injury attorney right away. The lawyer can explain the statute of limitations for the state where the accident happened. If the car accident victim is eligible to pursue damages at this time, the attorney can help this individual file a lawsuit.
Do not expect a car accident lawsuit to be resolved immediately. It can take months or years before a car accident case is settled. During this time, a car accident victim’s attorney can negotiate with the at-fault party in the hopes of resolving the case out of court.
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What Happens if You Receive a Settlement Proposal for Damages Relating to PTSD from a Car Accident?
There is no pressure to accept a settlement proposal in a car accident lawsuit. The proposal should be reviewed by both a car accident victim and their attorney. If the proposal is insufficient based on the victim’s PTSD symptoms, this individual has several options.
In this scenario, the car accident victim can counter the proposal. The victim can submit a proposal that aligns with their expectations. This puts the impetus on the at-fault party to decide if the case will go forward in court.
Comparatively, the car accident victim can reject the proposal. The victim and their attorney can continue to prepare for the court date. When this date arrives, the victim and their lawyer can present a strong argument.
Who Should You Call if You Want Legal Help with a Car Accident that Causes PTSD?
Gatti, Keltner, Bienvenu & Montesi makes it easy to get in touch with an experienced car accident attorney. Our team can review your car accident case in detail. We can help you pursue damages for PTSD and other health issues that crop up due to your accident.
Over the years, we have helped car accident victims secure millions of dollars in damages. We are available to discuss your case and explain how we can help you get damages as well. For more information or to request a free case evaluation, please contact us today.
Call or text (901) 526-2126 or complete a Free Case Evaluation form