Can I Claim Compensation for PTSD After a Car Accident?

can-i-claim-compensation-for-ptsd-after-a-car-accident

The screech of tires. The crunch of metal. The shattering of glass.

The traumatic sights, sounds, and sensations of a serious car accident can replay in your mind long after the crash, impacting your mental health and daily life.

If you’re experiencing nightmares, flashbacks, anxiety, depression, or other symptoms of post-traumatic stress disorder (PTSD) after an auto accident, you’re not alone – and you deserve support.

At DP Injury Attorneys, we understand the profound ways a crash can impact an individual physically, emotionally, and psychologically. We’re here to help accident survivors with PTSD understand their right to compensation and guide them through the legal process with compassion and skill. Learn more about PTSD car accident claims in California below.

PTSD Is a Real and Compensable Injury

PTSD is a mental health condition that can develop after a person experiences or witnesses a traumatic event. Car accidents are a common cause of PTSD, especially those involving serious injuries, fatalities, or particularly frightening circumstances.

Symptoms of PTSD after a car accident may include:

  • Intrusive memories or flashbacks of the crash
  • Nightmares about the accident
  • Intense distress or physical reactions to reminders of the trauma
  • Avoidance of people, places, or situations associated with the accident
  • Negative changes in mood or thoughts, such as persistent fear, anger, guilt, or detachment
  • Hypervigilance, irritability, difficulty concentrating, or sleep disturbances

PTSD can be debilitating, interfering with a person’s relationships, work, and overall quality of life. It often requires professional treatment, such as therapy and medication, to manage.

Under California law, PTSD is considered a compensable injury in car accident cases. Accident victims have the right to seek damages for emotional distress, mental anguish, and psychological trauma – including PTSD – caused by another driver’s negligence.

California Civil Jury Instructions (CACI) 3905A allows juries to award non-economic damages for past and future physical pain, mental suffering, loss of enjoyment of life, inconvenience, grief, anxiety, humiliation, and emotional distress.

Proving PTSD Damages After an Auto Accident

Establishing liability for PTSD in a car accident case requires proving that:

  1. The at-fault party (defendant) was negligent
  2. The defendant’s negligence was a substantial factor in causing the accident
  3. The accident was a substantial factor in causing the victim’s PTSD

Evidence that can support a PTSD claim includes:

  • Medical records documenting symptoms and treatment
  • Testimony from mental health professionals who have evaluated or treated the victim
  • Expert testimony on the causes, effects, and prognosis of accident-related PTSD
  • Statements from family, friends, or coworkers who have witnessed changes in the victim’s behavior or functioning
  • The victim’s own testimony about the emotional impact of the crash and PTSD on their life

While putting a monetary value on mental suffering is challenging, an experienced car accident attorney can help calculate the full extent of a victim’s PTSD-related damages, such as mental health treatment costs, lost income due to missed work, and pain and suffering.

Statute of Limitations for PTSD Car Accident Claims

In California, the statute of limitations for most personal injury claims – including those involving PTSD from a car accident – is two years from the date of injury under California Code of Civil Procedure Section 335.1. This means a victim must file a lawsuit or settle their claim within two years, or they lose the right to seek compensation.

However, PTSD symptoms may not develop immediately after a crash. In some cases, it can take months for accident-related PTSD to fully manifest. This is why it’s crucial for car accident survivors to monitor their mental health in the aftermath, report any symptoms to a doctor, and consult with an attorney as soon as possible to preserve their right to relief.

We Help PTSD Car Accident Victims Recover

At DP Injury Attorneys, we know that PTSD is a heavy burden no car accident victim should have to bear alone. We’re committed to providing the caring counsel and fierce advocacy survivors need to recover mentally, physically, and financially after a traumatic crash.

As seasoned San Diego personal injury lawyers, we have a deep understanding of the state and federal laws that protect PTSD victims’ rights. We know how to build a persuasive case for full and fair PTSD compensation, and we’re not afraid to take on big insurance companies in the courtroom when necessary. Our legal team treats every client with the utmost dignity, respect, and discretion throughout the process.

If you’re struggling with PTSD after a car accident in Southern California, you don’t have to suffer in silence or navigate the legal system on your own. Contact DP Injury Attorneys today for a free, no-obligation consultation. We’ll listen to your story, explain your options, and fight for the justice you deserve.

You’re not alone. We’re here to help you heal.

Author Bio

Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.

Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.

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