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Can I Get Compensation for PTSD After a Car Crash?

Can I Get Compensation for PTSD After a Car Crash?

The physical injuries from a car accident—the broken bones, the bruises, the whiplash—are often obvious and easy to see. But for many survivors, the deepest and most lasting wounds are the ones you can’t see. It’s the constant replay of the crash in your mind, the sudden panic you feel when a car brakes too quickly, the nightmares that rob you of sleep, and the crippling anxiety that makes getting behind the wheel feel like an impossible task.

This profound emotional and psychological trauma can be a sign of Post-Traumatic Stress Disorder, or PTSD. It is not something to “just get over,” and it is not a sign of weakness. It is a very real, diagnosable, and debilitating medical condition.

So, can you be compensated for this invisible injury in a car accident claim? Yes, absolutely. In Washington State, the emotional distress and mental anguish you suffer as a direct result of a traumatic accident are a key component of your “pain and suffering” damages. A PTSD diagnosis is a powerful and legitimate part of a personal injury claim.

Useful Information for You: In a Nutshell

  • Yes, PTSD is a Compensable Injury: You can and should seek compensation for the emotional and psychological harm, including PTSD, caused by a car accident.
  • It’s Part of “Pain and Suffering”: A PTSD claim is a major part of your non-economic damages, which compensate you for the human cost of the accident.
  • A Formal Diagnosis is Essential: To have a successful claim, you must be formally diagnosed with PTSD by a qualified mental health professional (like a psychiatrist or psychologist).
  • You Must Prove Causation: Your doctor must be able to link your PTSD diagnosis directly to the trauma of the car accident.
  • Treatment Costs are Recoverable: The cost of therapy, counseling, and any medications prescribed for your PTSD are recoverable as part of your medical expenses.

What is PTSD and What Are Its Symptoms After a Crash?

Post-Traumatic Stress Disorder is a mental health condition that’s triggered by a terrifying event—either experiencing it or witnessing it. A car accident is a classic example of such an event. The symptoms of PTSD can disrupt your entire life and are generally grouped into four types.

1. Intrusive Memories (Re-Experiencing Symptoms):

  • Recurrent, unwanted, and distressing memories of the car accident.
  • Flashbacks, where you feel as if the crash is happening all over again.
  • Nightmares or upsetting dreams about the accident.
  • Severe emotional distress or physical reactions to something that reminds you of the event (like the sound of screeching tires).

2. Avoidance:

  • Actively trying to avoid thinking or talking about the accident.
  • Avoiding places, activities, or people that remind you of the crash. Many people with accident-related PTSD develop a fear of driving (vehophobia) or even of being a passenger in a car.

3. Negative Changes in Thinking and Mood:

  • Negative thoughts about yourself, other people, or the world.
  • Hopelessness about the future.
  • Memory problems, including not being able to remember important aspects of the accident.
  • Feeling detached from family and friends.
  • Lack of interest in activities you once enjoyed.

4. Changes in Physical and Emotional Reactions (Arousal Symptoms):

  • Being easily startled or frightened.
  • Always being on guard for danger (hypervigilance).
  • Self-destructive behavior, such as drinking too much.
  • Trouble sleeping or concentrating.
  • Irritability, angry outbursts, or aggressive behavior.

How to Build a Claim for PTSD

An insurance company will not simply take your word for it. They are often skeptical of psychological injuries. To build a strong claim for PTSD, you must take specific, documented steps.

1. Get a Formal Diagnosis:

This is non-negotiable. You must be evaluated by a qualified mental health professional. Their formal diagnosis, documented in your medical records, is the foundation of your claim.

2. Follow the Treatment Plan:

Consistently attend your therapy sessions, take prescribed medications, and follow your doctor’s advice. This not only helps you recover but also creates a record of your efforts and the severity of your condition.

3. Keep a Journal:

Write down how your symptoms are affecting your daily life. Document your nightmares, your panic attacks while driving, your moments of anxiety, and the activities you now avoid. This journal can be powerful evidence of your suffering.

4. Gather Witness Statements:

Statements from family, friends, and coworkers describing the changes they’ve seen in you since the accident can be very persuasive.

The psychological impact of a car accident is just as real as the physical impact. You have the right to be compensated for this profound disruption to your life. If you are struggling with the emotional aftermath of a car accident in the Tacoma area, your first step is to seek help from a mental health professional. Your next step should be to seek legal guidance. Search the Car Accident Lawyer Directory Tacoma to find and compare compassionate, experienced local attorneys who understand the complexities of PTSD claims and can fight for the full compensation you need to heal.

 

References

  • National Institute of Mental Health (NIMH) – Post-Traumatic Stress Disorder:The leading federal agency for research on mental disorders, providing an authoritative and detailed overview of PTSD symptoms, causes, and treatments.

    https://www.nimh.nih.gov/health/topics/post-traumatic-stress-disorder-ptsd

  • American Psychiatric Association – What is PTSD?:The main professional organization of psychiatrists in the United States, providing a clear, clinical definition of PTSD.

    https://www.psychiatry.org/patients-families/ptsd/what-is-ptsd

  • Washington Pattern Jury Instructions (WPI 30.01.01) – Measure of… Noneconomic Damages:The official instruction for juries in Washington, which explicitly lists “emotional distress” as a key component of non-economic damages that must be compensated.

    https://www.courts.wa.gov/superiori/pattern_jury_instructions/WPI%2030.01.01%20Measure%20of%20Economic%20and%20Noneconomic%20Damages%20-%20Personal%20Injury%20-%20Adult.pdf

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We hope that through this article, you have a better understanding of your situation after a car accident and feel that you are not alone. The most important part of your recovery is protecting your rights with the right information.

If you need to connect with an expert who will listen to your story and fight on your side, find the best car accident lawyers in Tacoma through a free consultation at the Car Accident Lawyer Directory Tacoma.

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