Being involved in a car accident can be a traumatic experience. For many victims, the psychological effects of the accident remain long after the visible wounds have healed. One of the most common mental health conditions people experience after a traumatic car crash is post-traumatic stress disorder (PTSD). With symptoms like anxiety, flashbacks, and persistent fear of driving, PTSD has the potential to significantly impact your daily life. Considering its impact on your life, you may ask, is it possible to recover compensation for PTSD after an accident? In this post, as your accident lawyer in New York, we will explain everything you need to know about claiming compensation for PTSD after an accident.
Can you claim compensation for PTSD through insurance?
In New York, if you have been injured in a car accident, you can first claim compensation for damages through your Personal Injury Protection (PIP) coverage. It can compensate for your medical expenses, lost income, and other related expenses for up to $50,000.
However, the key point you need to keep in mind is insurance only compensates you for economic damages. Economic damages are the types of damages that have a set financial value. For instance, you know exactly how much your hospital is going to cost.
PTSD and other forms of mental and emotional distress come under non-economic damages. Non-economic damages do not have a set value and are determined on a case-by-case basis. Since the indeterminate nature of the values, insurance coverages specifically exclude coverage of non-economic damages. Long story short, you cannot receive compensation for PTSD under your insurance policy.
Can you claim compensation for PTSD through a lawsuit?
If you want to claim compensation for non-economic damages such as PTSD, you may need to file a personal injury lawsuit against the party at-fault. However, to file a personal injury lawsuit in New York, you must first prove that you have either suffered what New York State Insurance law defines as a “serious injury” or that you have suffered economic damages that exceed $50,000.
When your case can satisfy either of these requirements, you have the right to file a lawsuit and request court for compensation for your PTSD. If you are planning on filing a lawsuit, don’t forget that you are under a deadline. According to the statute of limitations, you have three (03) years from the date of the accident to file your case.
What do you need to do to prove PTSD?
To prove that you have suffered or are suffering from PTSD following the accident, you need to present strong medical evidence. Some of the best evidence that can be presented includes the following:
- A formal diagnosis from a physician or qualified psychologist
- Records and invoices of prescription medication
- Records and invoices of therapy sessions
- Testimony from expert witnesses
- Testimony from other witnesses described the change in mental state before and after the accident.
With these types of evidence, your personal injury lawyer in Manhattan can present a compelling case that will convince any judge or jury to award you the compensation that you deserve.
Conclusion
Being involved in an NYC car accident can leave a lasting impact. If you are suffering from PTSD or other mental health conditions following the accident, you may be entitled to compensation. But getting this compensation is no easy feat and will require the help of a skilled and experienced car accident lawyer in NYC. If you’re on the lookout for such a lawyer, then Gabriel Law can help. As a personal injury law firm in NYC, we are committed to upholding justice and ensuring that you get the compensation that you deserve. Contact us today and schedule your free consultation.
