Car accidents can be severe, and victims may suffer more than physical injuries. Post-Traumatic Stress Disorder (PTSD) may arise in people who experience traumatic events, like serious car crashes, and it may be grounds for significant non-economic damages.
You may sue for PTSD after a car crash, but we must have evidence to back up your claims. These damages may include economic damages related to the cost of mental health treatment, in addition to substantial non-economic damages for the pain and suffering you endure because of your condition. PTSD often comes with distressing symptoms that interfere with your ability to live a happy, healthy life. The more your PTSD diagnosis affects your life, the greater the damages in a lawsuit should be.
Contact our Lafayette, LA car accident lawyers for a free, private case assessment by calling the Schoenfeld Law Firm at (504) 688-7760.
Are You Allowed to Claim Damages for PTSD in a Car Accident Case?
Many crash survivors experience some form of PTSD, which may influence their damages.
Claiming Non-Economic Damages
Non-economic damages revolve around painful experiences rather than financial costs incurred because of a car accident. The value of these claims will depend on how significantly your non-economic damages, including PTSD, affect your daily life.
Many people do not realize they are living with PTSD until sometime after an accident. It is a good idea to maintain a journal of your mental health after the accident and see a mental health professional if you experience anything you believe might be PTSD symptoms.
PTSD Symptoms
If you experience any of the following symptoms after a car accident, talk to your doctor and try to get referred to a qualified therapist or psychiatrist.
- Intrusive memories (re-experiencing)
- Avoidance (finding yourself unable to drive again)
- Negative mood or thinking
- Changes in physical or emotional reactions
People experiencing PTSD often become withdrawn and may avoid seeking help when they need it. If you feel this happening, get help immediately.
Severity of Your Condition
A major factor in your claim for damages related to PTSD after a car accident will be the severity of your condition. PTSD affects people differently, with some experiencing manageable symptoms while others need urgent psychiatric intervention.
Generally, the worse your symptoms are, the greater your damages should be. Non-economic damages, including PTSD, are usually based on how significantly your daily life is affected by your painful experiences.
How to Prove Claims for PTSD in a Louisiana Car Accident Case
Proving claims for PTSD can be difficult, as these symptoms are felt by victims but not always outwardly seen by others.
See a Mental Health Professional
PTSD is a diagnosable psychological condition. It would be very difficult to claim damages for PTSD without a formal diagnosis from a psychiatrist.
If you experience PTSD symptoms, talk to your doctor right away. You may need a referral to a psychiatrist who can diagnose you and prescribe treatment. Your records from the psychiatrist can also be used to help prove your damages in court.
Keep a Journal
Even if you have a formal diagnosis, it can be challenging to prove just how badly your PTSD symptoms have affected your life. Keeping a journal or diary of your experiences can be helpful. Record your experiences every day. Patterns and symptoms of PTSD may become more apparent when examining a written record of your daily life.
Your Testimony
Since PTSD affects people differently, your experiences are unique, and you may have to testify about them in court. Although testifying about PTSD and mental trauma can be difficult, it may be a necessary part of the legal process. Your lawyer can help you prepare your testimony for court, so you are as ready as possible.
How to Evaluate Damages for PTSD After a Car Accident
Damages for PTSD can be substantial, but calculating their value in a lawsuit may be tricky, and there may be multiple ways to make such calculations.
Per Diem Method
A common method is the per diem method, which involves calculating the value of non-economic damages, including PTSD symptoms, based on the number of days your symptoms persist.
Generally, a dollar amount is assigned to each day that you are living with PTSD symptoms. The more severe your symptoms, the higher this dollar amount should be. This amount is then multiplied by the number of days you have been living with PTSD.
Multiplier Method
The multiplier method involves multiplying your economic damages by a multiplier figure based on the severity of your condition. Many cases involve multiplier figures from 1 to 5. If your PTSD symptoms are severe, our Louisiana car accident attorneys can urge the court to multiply your economic damages by a figure as close to 5 as possible.
How Do You Know if You Can Claim PTSD in a Louisiana Car Accident Case?
While some injured drivers may recognize their symptoms as signs of PTSD, it is difficult to claim damages for PTSD without a formal diagnosis from a medical professional. See a doctor and a psychiatrist or therapist as soon as possible.
What Evidence Do You Need to Prove Claims for PTSD?
To claim damages for PTSD, we need a diagnosis from a doctor and records from a psychiatrist or therapist regarding your treatment. In some cases, treating physicians may testify about the extent and severity of a plaintiff’s PTSD symptoms. Your own testimony about how your PTSD has affected your life will also likely be important.
Are Damages for PTSD Valuable?
Possibly. PTSD can be extremely distressing and traumatic. Many victims live with PTSD for years before regaining control of their life. The best way to know for sure what your claims are worth is to see a mental health professional and discuss your situation with a lawyer.
Do PTSD Symptoms Have to Be Severe to Be Claimed in a Lawsuit?
No, but the more serious they are, the stronger your claims may be. PTSD symptoms also have a way of becoming worse before subsiding, then becoming worse again. Keep track of your symptoms and get help from a mental health professional to determine the severity of your condition.
Our Louisiana Car Accident Attorneys Are Here to Help You
Contact our New Orleans, LA car accident lawyers for a free, private case assessment by calling the Schoenfeld Law Firm at (504) 688-7760.
