When you are hurt in a car accident, post-traumatic stress disorder (PTSD) and similar symptoms might cause long-term effects. While you can sue for physical injuries like broken bones, how does this work for PTSD and other mental effects?
Generally, you can sue for any harm – physical, mental/emotional, or economic – related to your crash. Along with “economic damages,” the physical, mental, and emotional effects are usually paid under the umbrella of “pain and suffering” or “emotional distress,” both categories of “non-economic damages.” However, you can also get compensation for mental health and psychiatric care to treat these conditions.
For help with your claim, call the Boulder City, NV car accident lawyers at Mitchell Rogers Injury Law at (702) 702-2622.
Damages for Mental Health Conditions and PTSD from Accidents in Nevada
When you get hurt in an accident, you can file a claim against the at-fault parties to recover compensation for all of your effects, whether they be physical, mental, emotional, or economic. This allows compensation for PTSD in three ways:
Economic Damages
The cost of treating PTSD and similar mental health effects can include specialist appointments, mental health therapy, neurological testing, medication, and more. All of these costs should be covered in a car accident claim or other injury lawsuit.
Lost Wages
If your PTSD makes it hard to work, you may be able to get lost wages covered. Especially if your condition is well-documented, you have an official diagnosis, and it is severe enough to prevent you from working, your lost wage damages could be part of your case.
Pain and Suffering
Under the umbrella of “pain and suffering,” you can get compensation for the mental and emotional effects of PTSD. The fear of another accident, being constantly on edge, and facing full-blown flashbacks are all difficult symptoms to deal with.
What is Needed to Sue for PTSD in a Car Crash?
To be able to sue for PTSD from your car crash, you need to meet a few requirements:
An Actual Car Crash
You must have actually been involved in a crash to sue for PTSD from it. A “near-miss” where you are pushed off the road and crash into an object is still considered a crash, but a “near-miss” where you are able to continue driving with no actual accident does not count.
There is an exception, discussed below, for witnessing a loved one’s accident.
Other Driver’s Fault
The other driver must be at fault for the accident to be responsible for damages. In some cases, defendants may be only partially at fault, which can mean you lose a share of the damages.
Documentation of PTSD Symptoms
To prove your condition exists, you need documentation of the symptoms. An official diagnosis is even better.
Proof PTSD is From This Accident
Psychiatric records can help show your PTSD is related to the crash and not some other event. Other medical and mental health records can also show you did not already have PTSD before this. Even if you did, you can still get damages for the aggravation to your existing condition.
How to Sue for PTSD After a Car Accident
To file a lawsuit for PTSD, you will need to take a few steps:
Document Everything
Keep medical records and keep tabs on your condition. Take note of high-anxiety days, flashbacks, and similar episodes, as well as other evidence that could be used to prove your condition.
Seek Psychiatric Care
Along with any medical care you need for physical injuries, seek psychiatric care to treat your PTSD symptoms, too. These records will be helpful in proving your condition.
Call a Lawyer
Do not try to handle your case on your own. Insurance companies often try to discredit mental health conditions and may not include damages for them. Our Nevada car accident lawyers can take your case and fight for full compensation, potentially even suing in court if needed.
File a Lawsuit
If the insurance company will not pay full damages for your claim, we can take them to court instead. This may be especially needed if they deny that you truly have PTSD and we need to prove the condition in court.
Can I Sue for PTSD if I Witnessed a Loved One’s Crash as a Bystander?
While you usually have to have been injured in a crash yourself to sue for PTSD, you may also sue for a crash a loved one was in. However, there are strict requirements for winning a “negligent infliction of emotional distress” (NIED) claim for this:
Proximity to Accident
You need to have been close enough to the crash to witness the harm. While you do not need to be in the car or right outside it in the “zone of danger,” you still need to be quite close. Learning about the accident later might not be enough.
Defendant’s Fault
The defendant needs to have been responsible for the accident, but you do not have to show they intended to cause you emotional distress.
Loved One’s Relationship
The loved one you witnessed injured must be closely related to you, such as a parent, child, sibling, or spouse. The law is a bit contradictory, but blood or marriage relationships are often required.
Loved One’s Injury
Usually, the crash has to be deadly or cause your loved one quite serious injuries for NIED claims to succeed.
FAQs for PTSD Claims from Car Accidents?
What is PTSD?
PTSD is post-traumatic stress disorder, a mental health condition. Victims of direct or indirect traumatic events often have PTSD if they face distress, anxiety, disturbed sleep, triggering reactions from similar events, extreme aversion to similar events, and flashbacks that make them feel like they are reliving the trauma.
Do I Need a PTSD Diagnosis to Sue for It?
Many of the symptoms of PTSD can be used as proof of emotional distress, even if you do not have an official diagnosis of PTSD. Even so, a diagnosis is often stronger proof that these symptoms actually exist.
Does Car Insurance Cover PTSD?
Any effects of a car accident should be covered by insurance, including physical and mental health treatment as well as compensation for emotional distress and PTSD symptoms.
Do I Need to See a Specialist for PTSD After an Accident?
Generally, medical evidence is needed to show the health and mental health conditions the accident caused you. Seeing a psychiatrist is often helpful, not only for treating your condition, but for obtaining records to prove the condition in your lawsuit.
Call Our Car Accident Attorney in Nevada Today
Call Mitchell Rogers Injury Law’s Enterprise, NV car accident lawyers at (702) 702-2622 for a free case evaluation.