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Pursuing Compensation for PTSD from an Accident

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Pursuing Compensation for PTSD from an Accident

A motor vehicle accident can be a life-threatening experience. Even if you survive a crash, feelings of fear and anxiety can remain with you for a long time after. Call us to discuss seeking compensation for PTSD if those feelings of fear and anxiety are harming you.

Some anxiety after a traumatic experience is normal. However, excessive symptoms of worry or fear may be signs of post-traumatic stress disorder (PTSD). You can develop this condition after a car crash, motorcycle crash, truck collision, pedestrian accident, or similar experience.

Do you think you might have PTSD from a car accident in NYC caused by someone else? You may be eligible for compensation if so. Along with seeking compensation for physical injuries, New Yorkers often have the right to seek compensation for mental health issues.

Showing that you deserve compensation for PTSD after an NYC auto wreck is a complex process. The NYC personal injury lawyers at Harris, Keenan & Goldfarb can help simplify the process by taking over your case so you don’t have to try to file a claim to pursue the compensation you need while you’re focused on healing.

What Is PTSD?

According to the National Institute of Mental Health (NIMH), a person may experience fight-or-flight symptoms during a traumatic experience. They may continue to experience these symptoms in the immediate aftermath of such an experience. This is not only normal but arguably healthy. A person’s natural fight-or-flight response kicks in to protect them in dangerous situations.

However, the symptoms of this response may linger long after the danger is gone. Someone who’s gone through a traumatic experience may have PTSD when this occurs.

Developing PTSD after a vehicle accident isn’t uncommon. A study published in the journal Medicine found that about 22.25% of road traffic accident victims develop PTSD.

How Do You Know If You Have PTSD from Your Accident?

According to NIMH, signs and symptoms of PTSD fall into these categories:

  • Re-experiencing symptoms
  • Reactivity and arousal symptoms
  • Avoidance symptoms
  • Mood and cognition symptoms

Re-experiencing symptoms include:

  • Flashbacks of a traumatic event
  • Frequent intrusive memories and/or dreams of a traumatic event
  • Troubling thoughts in general
  • Physical symptoms of stress, such as sweating or a racing heart

Reactivity and arousal symptoms of PTSD include:

  • Being on edge or on guard
  • Being unable to fall or stay asleep
  • Being prone to outbursts or being irritable
  • Engaging in potentially dangerous behaviors
  • Having an inability to concentrate
  • Having a heightened startle response

Avoidance symptoms include:

  • Consciously trying to avoid any potential external reminders of a traumatic experience (such as the location where the crash occurred)
  • Trying to avoid feelings and thoughts about the traumatic experience
  • Limiting or refusing to drive

Mood and cognition symptoms someone might experience if they have PTSD from a car accident include:

  • Having a sense of social isolation
  • Having difficulty remembering aspects of a traumatic experience
  • Having negative thoughts about the world or themselves
  • Blaming themselves or others
  • Having negative emotions that linger for a long time
  • Losing interest in activities they used to enjoy
  • Inability to muster positive emotions

How Do You Prove You Have PTSD After an NYC Car Crash?

A mental health professional may diagnose you with PTSD if you have:

  • At least one symptom from the re-experiencing symptoms category
  • At least two symptoms from the reactivity and arousal category
  • At least one symptom from the avoidance category
  • At least two symptoms from the mood and cognition category

Receiving an official PTSD diagnosis provides you with the evidence you may need to seek compensation accordingly.

Can You Sue for PTSD After an Accident in NYC?

Pursuing Compensation for PTSD from an AccidentNew York is a no-fault car crash state. All motorists in New York must purchase Personal Injury Protection (PIP) coverage.

PIP coverage compensates drivers for certain financial losses resulting from motor vehicle collisions, including medical treatment and lost wages up to $2,000 per month, for 80 percent of your wages.

PIP coverage ensures a person who sustains injuries in a motor vehicle wreck can receive compensation quickly. When an injured person files a claim with their insurance company, they don’t have to prove negligence. The insurance company should pay them regardless of whether someone else caused their collision.

If your treatment costs are significant, your PIP coverage might not be sufficient to fully compensate you for those losses after a motor vehicle accident. If another party caused your crash, you may have other options.

According to the New York State Bar Association (NYSBA), stepping outside the no-fault system is sometimes possible. You may file a claim or lawsuit against a liable party after a car crash in New York if:

  • you sustained economic losses greater than $50,000 (the minimum amount of PIP coverage) or
  • you sustained a serious injury

Most injuries that qualify as serious in New York are physical injuries. However, an impairment may be serious if it prevents you from engaging in typical daily activities for at least 90 days. That 90-day period must fall within the 180 days immediately after your crash. You must also provide medical documentation of your impairment.

You might have grounds to file a claim against a negligent party if your PTSD meets these criteria. Speak with an NYC personal injury lawyer for more information about your options.

How Much Compensation Can I Get for PTSD Sustained in an Accident?

Many factors can influence how much compensation you may be eligible to receive after a motor vehicle crash. If you’ve developed PTSD from a car accident, the cost of treatment may be one such factor. Loss of income is another potential factor if your condition prevents you from working. You may even be eligible to receive compensation for intangible losses like pain and suffering. The circumstances of your crash and the severity of your injuries and PTSD have a significant impact on the amount of compensation you’ll be entitled to.

It’s impossible to say exactly how much compensation you may receive for PTSD without knowing more about your condition. At Harris, Keenan & Goldfarb, we’ll review your car accident case details and fight for the compensation you deserve. Learn more by calling or contacting us online for a free case evaluation today.

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Frequently Asked Questions

When you have suffered an injury, it can be difficult to know what to do next. If the injury was caused by someone else’s negligence, you may be entitled to compensation. However, filing a personal injury claim can be a complex and time-consuming process. An experienced attorney can help you navigate the legal system and fight for the maximum possible compensation.

The first step is to consult with an experienced personal injury attorney. They will be able to review the facts of your case and advise you on whether or not you have a valid claim. Even if you do not have a strong case, an attorney may still be able to help you recover damages through negotiation with the other party’s insurance company. If your case does go to court, the judge will consider various factors in order to determine whether or not you are entitled to compensation. These factors can include the severity of your injury, the cost of your medical bills, and the amount of time you missed from work.

The answer depends on a number of factors, including the severity of the injury, the insurance coverage available, and the type of accident. In general, however, if you have suffered a serious injury that will require extensive medical treatment or result in long-term disability, you should speak to an attorney as soon as possible about your legal options. An experienced personal injury lawyer can help you navigate the complex claims process and fight for the compensation you deserve.

There are a few things to consider when choosing a personal injury attorney. First, you want to make sure that the attorney has experience handling cases like yours. Second, you want to make sure that the attorney is licensed to practice in your state. Third, you want to ask about the attorney’s success rate. Fourth, you want to make sure that the attorney has a good reputation. Finally, you want to make sure that you feel comfortable with the attorney. Do not hesitate to reach out to us to schedule a free consultation to determine if we are the best choice for your case.

Once we decide to take on your case, we will then begin gathering evidence and investigating the accident. This may involve interviewing witnesses, reviewing police reports, and obtaining medical records. Once we have gathered all the necessary information, we will then work with you to build a strong legal case. If an agreement can’t be reached out of court, our attorney will then take your case to trial. Throughout the entire process, your attorney will be by your side, fighting for the compensation you deserve.