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Making a PTSD Claim Secondary to a Car Accident


How PTSD Can Develop After an Accident

If you’re struggling with post-traumatic stress disorder (PTSD) after a car accident, it’s important to know that you may be entitled to compensation.

PTSD can severely disrupt your life, manifesting as intense anxiety, flashbacks of the traumatic event, and difficulty in effectively managing day-to-day activities and relationships.

Getting help with both treatment and legal support is often critical after experiencing such a trauma.

Certain traumatic experiences during an accident are more likely to trigger PTSD.

These include severe injuries, which may cause the victim to fear for their life, and the witnessing of fatalities, which can leave a profound emotional impact.

Additionally, the sudden and unexpected nature of accidents contributes to the overwhelming sense of helplessness and terror that characterizes PTSD.


Overview and Key Information

Prevalence and Risk Factors

Posttraumatic Stress Disorder (PTSD) is a significant psychological consequence for many individuals involved in motor vehicle accidents (MVAs).

Studies estimate that about 25–33% of people involved in serious car accidents may develop PTSD within 30 days, making road traffic incidents one of the leading causes of PTSD in the general population.

Some studies have reported even higher rates, with up to 46.5% of accident survivors meeting criteria for PTSD in certain populations3.

Key risk factors for developing PTSD after a car accident include:

Witnessing death or severe injury during the accident

Female gender

Prior history of depression or other psychiatric conditions

Previous exposure to violent injury or trauma

Death of another occupant in the crash

Severe sleep problems and impairment in family or social functioning


Symptoms

PTSD symptoms after a car accident can include:

Intrusive memories, flashbacks, or distressing dreams about the accident

Persistent avoidance of reminders (e.g., reluctance to drive, avoiding discussions about the accident)

Emotional numbness or detachment from others

Increased arousal, such as hypervigilance, irritability, or sleep disturbances

Difficulty functioning at work, school, or in social relationships


Impact on Daily Life

PTSD can have a profound impact on daily functioning.

Many survivors report extreme problems in work, schooling, and social life.

Avoidance behaviors, such as refusing to drive or travel, are common and can significantly disrupt routines and independence.


Treatment Approaches

Effective treatments for PTSD after car accidents include:

Trauma-Focused Cognitive Behavioral Therapy (TF-CBT)

Helps individuals process trauma, challenge negative thought patterns, and develop coping skills.

Eye Movement Desensitization and Reprocessing (EMDR)

Involves recalling traumatic memories while engaging in guided eye movements, which can reduce the emotional impact of those memories.

Prolonged Exposure Therapy (PE)

Gradually exposes individuals to trauma-related memories or situations in a controlled way to reduce avoidance and anxiety.

Somatic Experiencing and Mindfulness-Based Stress Reduction (MBSR)

Focus on body-based techniques and mindfulness to manage physical and emotional symptoms.

Medication

In some cases, medications such as antidepressants may be prescribed to help manage symptoms, especially when therapy alone is insufficient.

Recovery and Support

Seeking professional help is crucial.

Early intervention can significantly improve outcomes, helping individuals regain a sense of safety and normalcy.

Self-care practices, support from friends and family, and gradual re-exposure to driving or travel can also aid recovery.


Proving PTSD in a Personal Injury Claim

Substantiating a PTSD claim in a personal injury case requires comprehensive and credible evidence to show the profound impact of this condition.  

Some of the best ways to prove this type of injury include: 

Medical Documentation

Psychologists, psychiatrists, and other mental health professionals play a crucial role in diagnosing PTSD.

Their evaluations provide authoritative evidence of the condition and may include standardized diagnostic tests and detailed patient interviews.

Treatment Records

Ongoing therapy or treatment is vital in establishing the extent of PTSD symptoms.

Detailed records from counseling sessions, medication prescriptions, and progress notes can significantly enhance the credibility of a claim.

Expert Testimony

Opinions from expert witnesses, especially mental health professionals, can bolster a personal injury claim.

Their expert insights and supporting evidence can help articulate the severity and impact of PTSD on the victim’s life.

Personal Impact Statements

Statements from the victim or family members detailing the emotional and psychological toll of PTSD offer a personal perspective on the disorder. 


Challenges in PTSD Claims

Proving emotional trauma can often be more complex than demonstrating physical injuries.

PTSD is an invisible condition that doesn’t show up on an X-ray or a blood test, making it harder to prove.

The symptoms can vary widely from one person to another, and understanding the full impact on a victim’s life requires deep psychological insight.

Insurance companies might use various tactics to minimize or dispute PTSD claims.

They often view emotional and psychological injuries as less severe compared to physical ones, making the claims process more challenging.

Insurers may question the validity of the PTSD diagnosis or argue that the symptoms are unrelated to the incident in question.

Filing a PTSD claim is also made more difficult by the statute of limitations, as there’s often a delayed onset.

Symptoms of PTSD may not fully manifest until months or even years after the traumatic event, making it challenging to prove a direct connection to the incident.


We’re Here To Help

If you need help obtaining compensation for PTSD, contact our personal injury lawyers today to schedule a free consultation. 

The experienced accident attorneys at Sam Aguiar Injury Lawyers understand your physical, emotional, and financial challenges.

We offer free, no-obligation consultations to discuss your case and explain your legal options.

Call (502) 888-8888 or (859) 888-8000 for your free case evaluation.

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  • About
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