Can You File a Claim for PTSD After an Accident?

Many accidents are frightening, chaotic, and traumatic for those involved. With or without serious injuries inflicted, a harrowing accident can have a lasting psychological impact on survivors and witnesses. Medically, this is referred to as post-traumatic stress disorder (PTSD). It can cause emotional distress and pain and suffering long after the accident is over.

In Nebraska, you may be able to file a PTSD claim for financial compensation, depending on the circumstance.

What Is Post-Traumatic Stress Disorder?

Post-traumatic stress disorder is a mental health condition that can occur when someone experiences, lives through, or witnesses a traumatic event.

In the past, PTSD was often referred to as shellshock and generally reserved for soldiers who had engaged in combat in active war zones. However, many different types of traumatic events can cause PTSD in a survivor, including car accidents, serious falls, dog attacks, workplace disasters, fires and burn injuries, explosions, and witnessing the death of a loved one. The trauma experienced in an accident can have a lasting emotional and psychological effect on victims.

How Do You Know If You Have PTSD Symptoms?

The psychological condition of PTSD often does not show immediate signs, unlike physical injuries or mental injuries. Unlike a physical injury, PTSD does not cause bleeding, bruising, or swelling that you can see. It is an invisible condition that often appears later, in the days or weeks following a traumatic accident. If you experienced fear or witnessed something highly traumatic in an accident, you may notice the signs of post-traumatic stress disorder afterward. PTSD symptoms can include:

• Nightmares or trouble sleeping
• Flashbacks
• Moderate to severe anxiety
• Increased heart rate
• New phobias
• Avoidance of situations that remind you of the accident
• Sudden anger or emotional outbursts
• Depression
• Suicidal thoughts

PTSD can be difficult to diagnose. If you notice any of these issues after surviving or witnessing an accident in Nebraska, visit a mental health professional. Describe what you are experiencing. Obtaining an official diagnosis of post-traumatic stress disorder from a psychiatrist or psychologist can make it easier to get the help that you need to recover, as well as to file a claim for PTSD with the civil courts.

Documenting and Proving PTSD

Documenting and proving post-traumatic stress disorder (PTSD) after a car accident is crucial for securing fair compensation for the long-lasting emotional and psychological effects of the trauma. A medical diagnosis of PTSD can strengthen a personal injury claim, allowing accident victims to seek damages for their mental suffering, reduced quality of life, and treatment expenses. Documenting the condition also helps victims better understand their symptoms and obtain the necessary support for recovery.

To document and prove PTSD, it is essential to:

• Seek immediate medical attention after the accident
• Keep a record of symptoms, including flashbacks, nightmares, and avoidance of triggers
• Maintain precise records of physical symptoms, nightmares, and flashbacks
• Obtain a medical diagnosis from a qualified mental health professional
• Gather evidence, including medical records, witness statements, and expert testimony
• Consult with an experienced attorney who can guide you through the process of proving PTSD

For further assistance proving you have PTSD due to your accident, we encourage you to reach out to an attorney at Knowles Law Firm. We can help you manage your claim and remove undue stress from your plate, allowing you to focus on healing and recovery instead.

Can Car Accident Victims Be Awarded Compensation for PTSD After an Accident?

If you suffer PTSD after a car crash or another accident in Nebraska, you can pursue financial compensation for this emotional trauma. However, these claims are historically difficult to prove. You generally must have a professional diagnose you with PTSD to qualify for compensation. You or your lawyer must also prove that the accident directly caused or contributed to your development of PTSD. It is easier to collect financial compensation for PTSD if you also suffered physical injuries in the accident, rather than filing a claim for pain and suffering alone.

Calculating the value of PTSD in a personal injury case is also difficult. Nebraska currently only has a cap on noneconomic damages in medical malpractice cases of $2.25 million. 

Putting a price on an intangible loss that has impacted you in various ways – and can last for weeks, months, or life – may require evidence such as an injury journal, medical records, testimony from you and your loved ones, and testimony from a psychiatrist or expert to illustrate the mental and emotional impact. Qualified experts who can corroborate your PTSD diagnosis and how it affects your life can help you prove a claim.

How to Prove Liability While Filing a Claim for PTSD

Filing a claim for PTSD after a car accident can be a complex and challenging process. It is essential to understand the legal options available to you and to seek the assistance of an experienced attorney. To file a claim for PTSD, you will need to:

• Determine who was at fault for the accident
• Gather evidence, including medical records, witness statements, and expert testimony
• File a personal injury claim with the at-fault party’s insurance company
• Negotiate a settlement that covers all of your damages, including medical expenses, lost wages, and emotional distress
• Consider filing a lawsuit if a fair settlement cannot be reached

Demonstrating liability during a legal claim can be difficult, but an attorney from Knowles Law Firm can ensure your case is handled properly. Please don’t hesitate to contact us if you would like assistance.

Overcoming Challenges in PTSD Claims

PTSD claims can be challenging to prove, and insurance companies may downplay the severity of the condition. To overcome these challenges, it is essential to:

• Seek the assistance of an experienced attorney who has handled PTSD claims
• Gather strong evidence, including medical records, witness statements, and expert testimony
• Be prepared to testify about the impact of PTSD on your daily life
• Consider seeking the assistance of a mental health professional who can provide expert testimony
• Be patient and persistent in pursuing your claim

When you work with a lawyer with the right experience and qualifications, it becomes much easier to overcome the challenges associated with legal claims. Allow an attorney from Knowles Law Firm to assist you during this difficult time. We also work on contingency and offer free consultations, meaning you don’t pay us unless you win.

How Can an Attorney Help?

Working with an Omaha personal injury lawyer who is experienced in developing PTSD claims can make it easier to recover fair and full financial compensation for this type of psychological harm in personal injury cases.

Your lawyer can help you obtain and present evidence proving post-traumatic stress disorder and its connection to your recent accident. Your lawyer can also accurately evaluate the worth of your claim and demand maximum financial compensation from one or more defendants. For more information about PTSD in a personal injury lawsuit, contact Knowles Law Firm for a free consultation.

Getting Help for PTSD

If you are experiencing symptoms of PTSD after a car accident, it is essential to seek help from a qualified mental health professional. Treatment options for PTSD include:

• Cognitive-behavioral therapy
• Medications
• Eye movement desensitization and reprocessing (EMDR)
• Group therapy
• Individual therapy

It is also essential to seek the assistance of an experienced attorney who can guide you through the process of proving PTSD and seeking compensation for your damages.

Get Outstanding Assistance From a Helpful Personal Injury Attorney: Contact Knowles Law Firm Today

Attorney Robert Knowles—of Knowles Law Firm—has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell, the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.

If you want to fight for your rights and obtain fair compensation for your losses, including those related to PTSD, feel free to contact us. You can reach us by calling (402) 431-9000 or filling out our contact form.