Not all injuries after an accident are visible. While broken bones, bruises, or lacerations are often pictured, some of the most severe ailments sustained in personal injury accidents are psychological. If you have developed PTSD after being involved in an accident and are wondering whether your personal injury lawsuit will cover this damage, consult with an experienced Washington, D.C. injury attorney for skilled legal advice and representation today.
What is PTSD?
PTSD stands for Post-Traumatic Stress Disorder and is a psychological condition that develops after exposure to a terrifying or traumatic event. Many people associate PTSD with people who saw the battlefield in war, survived a natural disaster, or witnessed a violent crime. However, the condition can also develop in those who were involved in a serious accident like a car crash, animal attack, or major fall.
PTSD can change how a person feels, thinks, and functions every single day. Common symptoms include:
- Flashbacks, where the individual relives the event as if it were happening again
- Hypervigilance, as in being on edge or easily startled
- Avoidant behaviors in an effort to stay away from reminders of the trauma
- Insomnia and nightmares
- Difficulty concentrating
- Intrusive and distressing thoughts
PTSD can drastically impact daily life for personal injury victims, preventing them from driving a car, returning to work, engaging in social activities, and maintaining relationships. This disorder can last for months or even years if left untreated.
Do D.C. Personal Injury Lawsuits Cover PTSD?
Yes, your personal injury lawsuit can cover PTSD. This condition is recognized as a compensable injury under state law. Washington, D.C. courts allow recovery for non-economic damages, including emotional distress, pain and suffering, and mental anguish. As long as your PTSD can be connected to the event that was caused by someone else’s negligence or reckless behavior, it can be included in your case.
You can recover both economic and non-economic damages associated with your PTSD. Economic damages will reimburse you for monetary losses like therapy appointments, diagnostic testing, and treatments, while non-economic damages will compensate you for the mental suffering you have experienced.
How Can I Prove My PTSD?
In order to recover compensation for PTSD, you must be able to prove that the defendant is liable for your damages and that your PTSD is a direct result of the incident. To establish the defendant’s negligence, collect evidence demonstrating the four main elements of negligence.
- The defendant owed you a duty of care
- The defendant breached the duty of care
- The breach of duty directly caused your accident and injury
- You suffered real damages as a result
Once it is clear that the defendant is liable for the incident, establish that your PTSD was caused by the accident, not any unrelated stressors. Courts will evaluate the timing of your diagnosis, your mental health history before the event, the consistency of your treatment, and more. Treatment records, expert testimony from mental health professionals, witness statements from family and colleagues, and a personal account of your experience can be compelling evidence.
To learn more about your legal rights and options, contact an experienced attorney today.