Accidents and injuries can be so severe in some cases that victims are left with severe psychological injuries. Post-traumatic stress disorder (PTSD) is somewhat common in accident cases, and victims may sue for damages related to their condition. Before getting started, you should ask an attorney for help.
Claims related to PTSD may fall under the broad category of non-economic damages. These damages often include various forms of pain and suffering, and psychological injuries are commonly claimed. Even so. Proving these damages may be tricky. PTSD tends to affect people differently, and we will likely need to have you evaluated by a mental health professional who can testify about your condition. It may be difficult to say how much compensation damages related to PTSD should be worth. Generally, the more your life is impacted by your condition, the greater your compensation should be.
Call our South Carolina personal injury attorneys at Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a private, free case evaluation.
Can I Claim Damages for PTSD in an Accident Lawsuit?
When suing for accidents and injuries, we often think of physical injuries, including bodily harm and damage to property. However, many damages involve unseen injuries, including psychological or mental suffering.
If you experience PTSD because of an accident, you may claim damages related to the condition in your lawsuit. PTSD may fall under the category of non-economic damages. This category often encompasses various claims related to pain and suffering, both physical and mental.
If you want to claim damages for PTSD, we must be prepared to prove them in court. Exactly how we prove your claims and what they might be worth will vary based on your situation and the available evidence.
What Claims for PTSD Are Worth in a South Carolina Injury Case
The value of claims for non-economic damages tends to be highly subjective and unique to each plaintiff. Damages for PTSD are no different. Since people experience PTSD differently, we must consider various factors to get an idea of what your claims are worth.
How long have you been living with PTSD? It sometimes presents itself immediately after a traumatic accident. However, it might also surface weeks or even months later. Our South Carolina personal injury attorneys should also consider how much time has passed since the accident. Did you file a lawsuit right away, or did you wait? Depending on when you filed your case, this might be weeks, months, or years.
How severe are your PTSD symptoms? Again, everyone may experience PTSD differently. You may experience relatively mild to moderate symptoms that occur infrequently, or you may face a full-blown PTSD diagnosis with severe symptoms, flashbacks, and constant distress. The worse your condition, the more compensation you may deserve.
Proving Claims for PTSD in a South Carolina Accident Case
Where exactly do we obtain evidence of PTSD? Psychological conditions are not things we can hold up in front of a jury. Instead, we may rely on records and testimony from mental health professionals.
We should talk to mental health professionals (e.g., therapists, psychiatrists) who treated you for PTSD. Expert testimony about your condition and its impact on you can be extremely powerful in court. We must also be prepared for the defense to request that their own mental health expert evaluate you.
Your testimony may also be crucial. While a psychiatrist may be able to testify about your symptoms or diagnosis, only you can explain how PTSD affects you personally. Have personal relationships suffered? Is maintaining your career more difficult than it was before? How has your condition affected your quality of life? These are all things only you can discuss.
How Accidents Can Cause PTSD in Victims
PTSD can occur in people who have experienced various forms of trauma. Accidents are a common cause of PTSD, and how the condition presents itself varies from person to person.
PTSD involves a whole host of mental health symptoms that occur after a traumatic incident or accident. Intrusive memories of the trauma, ongoing fear and anger, feelings of detachment, and avoiding things that remind them of the accident are just a few common symptoms.
An accident causing PTSD could be almost anything. It might be a car crash, a fire, or some other traumatic event. PTSD can be somewhat unpredictable. Some survivors do not experience PTSD, while others live with it for many years.
Accidents That Often Lead to PTSD in Victims
Any number of accidents could potentially cause a person to experience PTSD. Most cases are linked to accidents or incidents that are especially frightening or traumatic. It may also come from trauma that occurs over a longer period, such as abuse.
Many people develop PTSD in response to medical trauma. A surgery gone wrong or a treatment that led to serious and painful side effects may cause PTSD.
Accidents that may be considered near-death experiences also commonly lead to PTSD in victims. Car crashes, work accidents, and building fires can be extremely frightening, and many victims fear they will not survive. Living with that kind of trauma is not easy, and you may experience serious PTSD symptoms.
Many others develop PTSD after experiencing abuse and neglect. This might come from someone close to you, like a parent or spouse. It might also occur in medical settings, like nursing homes, where victims are especially vulnerable.
Is it Difficult to Prove Claims for PTSD in South Carolina Accident Cases?
PTSD is not an outwardly visible injury. It affects a person’s mental health, which is not only difficult to explain but somewhat subjective. Each person may be affected differently by PTSD, which may make it difficult to prove your claims.
Jurors often come in with preconceived notions about PTSD and mental health. They might be less than willing to believe that you have emotionally and psychologically suffered because of an accident. As such, we need strong evidence showing that your diagnosis is very real and has significantly affected your life.
Get Legal Help Now from Our South Carolina Personal Injury Attorneys
Call our Columbia, SC personal injury attorneys at Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a private, free case evaluation.
