While physical injuries from an accident may eventually heal, the emotional toll can linger. If you have been diagnosed with Post-Traumatic Stress Disorder (PTSD), this can be an incredibly tough journey. You are likely curious if these damages can be compensated in your personal injury lawsuit. This blog will delve into whether personal injury lawsuits cover PTSD in New York and how our dedicated Queens Personal Injury Attorneys can help you understand your legal options.
What is Post-Traumatic Stress Disorder (PTSD)?
First and foremost, it’s important to understand that Post-Traumatic Stress Disorder (PTSD) is a psychological injury that can occur when someone endures or witnesses a particularly stressful or traumatic event. This mental health condition can significantly affect your daily life. Common symptoms that indicate you may be suffering from PTSD include:
- Intrusive thoughts and memories (e.g., flashbacks, nightmares)
- Avoidance of reminders of the trauma
- Negative changes in mood and/or cognition
- Hyperarousal
- Anxiety
- Depression
Can I Seek Compensation For PTSD in a Personal Injury Lawsuit?
Generally, in a personal injury lawsuit, a victim can seek compensation for their economic and non-economic damages. Economic damages represent your tangible losses that have a clear monetary value and are supported by documentation like medical expenses or lost wages, while non-economic damages represent intangible losses that lack a direct monetary value but compensate for the subjective impacts like pain and suffering.
PTSD claims typically fall under non-economic damages. However, it may lead to economic losses if it impacts your ability to work or maintain employment. New York courts recognize PTSD as a legitimate injury, but they require evidence of the diagnosis and its connection to the incident.
What Evidence Do You Need?
To establish a diagnosis of PTSD following an accident, it is essential to obtain an official evaluation from a licensed psychologist or psychiatrist. In addition, you will need comprehensive medical records that detail your therapy sessions, medication history, and progress reports to create a complete picture of your condition. Consistent treatment is vital for demonstrating the development and severity of your symptoms over time.
A mental health professional can provide testimony on your behalf, explaining your diagnosis, the trauma you endured, and how your symptoms align with PTSD. This expert testimony can also help draw a clear connection between the accident and your symptoms.
Maintaining a personal journal can be advantageous, as it allows you to document your daily struggles and emotional challenges, providing a real-time account of your suffering and its effects on your quality of life. Furthermore, statements from family and friends can be invaluable, as they can highlight noticeable changes in your behavior, mood, or personality since the accident. These observations can serve as strong support for your medical evidence.
At the Law Offices of George Poulos, we are prepared to help you fight for the justice you deserve. Connect with our firm today to schedule a confidential consultation.