Can I Seek Damages for PTSD after A Boston Auto Accident

Person suffering PTSD after a car accident

About 3 million people are injured in auto accidents every year. We’d like to point out that not everyone who experiences an auto accident suffers from PTSD. In fact, some studies are trying to pinpoint the factors that cause PTSD after an accident.

Having 3 million people experience accidents every year means a lot of people suffer from PTSD. In fact, 9 percent of the general population who are in auto accidents develop PTSD. Around 60% of people who seek mental health treatment after an auto accident develop PTSD.

When an accident causes someone to develop it, it is possible to recover losses using the legal system. We will be seeing what options are available to you. We will also see if you can seek damages for PTSD, and who can help you do this. First, let’s understand PTSD triggering factors and how they factor into the legal world.

  • Past traumatic experiences. People who have suffered from any type of trauma in the past can have PTSD after an accident. This accident brings back all the memories these persons have been trying to bury.
  • Losing lives. Whether losing a relative or seeing people die, a person could have PTSD after the experience.
  • Emotional response. Things like fear, horror, guilt, and shame could also trigger PTSD.
  • Is the accident life-threatening? This a big factor. Life-threatening accidents trigger PTSD. In fact, most near-death experiences do.
  • Having other traumatic events. When someone is trying to recover from a traumatic event and the accident happens. This is especially going to worsen the case and slow down recovery for some time.

All accidents that cause injury could cause PTSD. These injuries could be physical or mental. So with the aforementioned, a person could actually seek damages for PTSD after an auto accident.

After auto accidents, a person has the option to seek two types of damages. The first is Special Damages and the second is General Damages.

Special damages can be measured by economic losses. These include medical expenses, property damage, and earnings lost. They are generally measurable. So all bills and lost wages are calculated and paid back to the victim.

General damages are a little broad. They are used to compensate for noneconomic losses. Losses like emotional distress, pain, and suffering are examples of general damages. You can’t calculate them. So many juries award higher damages to plaintiffs who have suffered from severe trauma.

So a loss of consortium, loss of reputation, disfigurement, and PTSD fall under general damages.

Can a Boston car accident attorney help?

Yes, they can. In fact, one of the first things to do after an accident is to speak to an auto accident lawyer. This will help you evaluate all you have lost. It will also help you evaluate what damages to seek. You lawyer would likely get a doctor’s report and encourage you to take needed tests. This will help them ascertain just how much damage was done.

To be awarded damages, you’d need strong expert testimonies. These testimonies will likely be from your health practitioners. Since this condition is non-physical, the testimonies will serve a number of purposes.

  • It will show that you actually suffer from PTSD.
  • It will tell if your suffering is caused by the recent accident. And not an older accident.
  • The testimony also tells how long you could suffer from this. It helps to evaluate how much you’ll lose and how much you’ll need.

PTSD may be only rear its head after it has caused a lot of damages. So in some cases, special damages may have been awarded. That is why expert attention is needed after an accident and in the weeks after the accident. It will help to know all the hidden triggers and how they’ll affect the patient.

Some of these triggers have been stated in the preceding paragraphs. In addition to these triggers, a person could be at risk of PTSD if they exhibit these signs.

  • Increased heart rate and anxiety. If the patient feels fear when they hear honks or brakes, they could be having PTSD. Fear of recalling events is also a big sign of it.
  • Not feeling safe on the wheel. Have you been really scared or startled while driving? That could be PTSD.
  • Do you hesitate to drive in certain areas or at certain times? It’s a natural aftermath of auto accidents, but if it continues, see your doctor.

These will disappear over time, but if they persist, you might have PTSD, so see a doctor.

Boston MA auto accident attorney

You need a lawyer who will be able to look at the damages and file the proper claims. Your lawyer should also know how to deal with insurance companies. They should know how to fight for every penny you deserve in court. JON SOTO LAW FIRM has some of the best auto accident lawyers in Boston MA. A good law firm always makes a difference in court cases.

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