Post-traumatic stress disorder (PTSD) is a mental health condition that can develop after someone lives through a violent or life-threatening event. The types of events that may cause PTSD symptoms include serious car crashes and other motor vehicle accidents, assaults, natural disasters, and combat.
A traumatic event, such as a high-speed car crash, can cause an accident victim to fear for their life or the safety of others in the vehicle. A person with PTSD may experience intense emotional and physical reactions that last long after the crash itself. Some people experiencing PTSD notice persistent feelings of tension, anxiety, or anger. Others might relive the collision in their mind or feel disconnected from everyday life. In some cases, the emotional toll on an individual’s life is so overwhelming that they avoid driving altogether.
If a person’s reactions last more than a month and interfere with sleep, work, or relationships, the person may receive a PTSD diagnosis. Many car accident survivors meet the criteria for having PTSD.
If you were in a crash caused by someone else and you developed PTSD, you may be entitled to seek financial compensation for your medical expenses, just as you would for physical injuries. An experienced personal injury attorney can help you gather evidence needed to link your PTSD to the crash and seek compensation for PTSD after a car accident.
Am I Eligible to Sue for PTSD After a Car Accident?
North Carolina follows an at-fault system for personal injury cases. A person who is at fault for a traumatic accident is financially responsible for the harm they cause. If someone else was at fault for a crash that caused you to develop PTSD, you may have a PTSD claim. You may have a right to file a claim against the at-fault driver’s auto liability insurance coverage and demand compensation for your physical and emotional injuries and other harm.
You must demonstrate four things to have a valid personal injury claim:
- The at-fault driver had a responsibility to avoid causing the accident, such as by driving safely and obeying traffic laws.
- The at-fault driver failed to uphold their legal responsibility.
- The at-fault driver’s carelessness or negligence contributed to the crash that caused your PTSD.
- You have suffered measurable losses as a result of the crash.
How to Prove PTSD After a Car Accident
Since PTSD is a mental health condition, it is harder to prove than, for example, a broken bone. The condition won’t show up on X-rays or blood tests, so strong evidence matters. Medical records, a professional diagnosis, and notes from therapy or counseling can help build a case. Typically, a licensed medical professional is needed to diagnose the condition and correlate the timing and symptoms with the collision.
Keep in mind that you don’t have to gather the evidence on your own. An experienced lawyer can gather medical records and statements from your family members about the effects of the condition on your daily life and overall well-being. If necessary, your lawyer can introduce expert testimony to discuss how trauma affects the mind. Your attorney can negotiate with insurance adjusters while you focus on your health and the recovery process. If the insurance company refuses to agree to a settlement providing fair compensation for your medical expenses and other losses, your attorney can file a PTSD lawsuit.
Damages Available in a PTSD Case
Mental injuries, such as PTSD, can have a profound impact on your daily life after a crash. You may need therapy, time away from work, or assistance with managing daily tasks. You may experience difficulties with driving, struggle with sleep, or have problems in relationships. North Carolina law allows you to pursue compensation for these losses if someone else was responsible for the accident. Depending on your situation, you may seek the following types of compensation for PTSD in a car accident:
- Medical Expenses: The costs of counseling, therapy, psychiatric care, medication, and any future treatment you need for PTSD
- Lost Income: Income losses if PTSD keeps you from working or limits the type of work you can do
- Reduced Future Earnings: Projected losses in your future earning capacity if your condition affects your ability to return to your old job or earn the same amount
- Pain and Suffering: PTSD-related emotional distress, fear, sadness, or anger
- Loss of Enjoyment of Life: Loss of the ability to participate in activities you once enjoyed, like driving, social events, or spending time with others
Six out of every 100 adults in the US experience PTSD symptoms at some point in their lives, according to the National Institute of Mental Health (NIMH). Among car crash survivors, the prevalence of PTSD is even greater. One study found that more than one in five accident survivors met the diagnostic criteria for PTSD. In some studies, rates of PTSD among crash survivors were as high as 58 percent.
Deadline to Pursue a Car Accident Lawsuit for PTSD
In North Carolina, you have three years from the date of the accident to file a personal injury lawsuit for PTSD. If you miss that deadline, the court will likely dismiss your case. Waiting too long can also make it harder to find strong evidence or track down witnesses who can support your claim.
You should contact a lawyer right away to evaluate your car accident case. An attorney can act quickly to collect records, speak with your doctors, and start the claims process. The sooner you act, the better your chances of building a strong claim and pursuing the financial recovery you need.
Call Our Raleigh Car Accident Lawyers for Assistance
The car accident attorneys at Younce, Vtipil, Baznik & Banks, P.A., offer clear guidance, steady support, and honest answers. Our legal team takes pride in building strong relationships with the people we represent. Here’s what one client had to say about working with us:
“Only positive feedback when it comes to me. They are such a good team. Blessed to have them as my family now. Check in with these guys and get the help you deserve.”
If you have questions about seeking a car accident PTSD settlement, please get in touch with Younce, Vtipil, Baznik & Banks, P.A. Our attorneys have over 90 years of combined legal experience and a strong track record of results. Although each case is unique and past results cannot guarantee future outcomes, we’ve recovered millions of dollars in compensation for injury victims, including those dealing with PTSD after car accidents. Our legal team includes English- and Spanish-speaking attorneys and staff. Our personal injury attorneys offer free consultations with no pressure. Call us today at (919) 661-9000 to get the answers and clear guidance you need.
About the Author
David E. Vtipil
David Vtipil is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers' compensation. David E. Vtipil was selected by his peers for inclusion in the 21st Edition of The Best Lawyers in America in the field of Workers’ Compensation Law.
