Physical injuries after an accident are often obvious and visible. However, the emotional scars left behind can be just as painful. Accident victims can develop post-traumatic stress disorder (PTSD) after being involved in a frightening incident. PTSD can have a significant impact on an individual’s life, so understanding whether a personal injury claim or lawsuit will cover this damage is crucial to protecting yourself and your legal rights. For more information and to secure the help of a skilled legal professional during your case, read on and contact an experienced New Jersey injury lawyer today.
What is PTSD?
PTSD, or post-traumatic stress disorder, is a recognized mental health condition that develops after exposure to a traumatic event. While most people associate PTSD with veterans or those who have survived natural disasters, the condition can be triggered by any traumatic event, like a car crash, workplace accident, fall, animal attack, or violent assault.
Symptoms can include flashbacks, intrusive thoughts, nightmares, insomnia, severe anxiety, irritability, emotional numbness, and avoidance of reminders of the trauma. PTSD does not discriminate and is not limited to only soldiers or first responders; accident victims, witnesses, and survivors of any serious event can develop this condition.
Can Personal Injury Claims Cover PTSD in NJ?
Under New Jersey personal injury law, victims can recover damages for both physical and emotional injuries caused by another’s negligence or recklessness, as well as both economic and non-economic damages. When it can be medically proven and linked to the accident, courts recognize PTSD as a legitimate injury.
You can include PTSD as part of your personal injury case and pursue compensation for the suffering and losses it has caused. Economic damages resulting from PTSD can include medical bills for therapy sessions, testing, and treatment, as well as lost wages from your inability to work. Non-economic damages can also be awarded for the actual suffering and emotional distress that you are enduring.
How Do I Prove PTSD?
Because PTSD is a mental disorder and invisible to the naked eye, you must be able to prove that you have the condition and that it stemmed from the accident in question. Medical documentation will be the foundation of your claim. This includes a formal diagnosis from a mental health professional, treatment records showing consistent therapy or counseling, and statements from your doctor explaining how the trauma is linked to the accident.
Courts also often rely on expert testimony from psychologists or psychiatrists to validate PTSD claims. These professionals can explain your symptoms, the estimated duration of the condition, prognosis, and how your PTSD affects your daily life and work.
Beyond medical records, you can strengthen your claim through personal journals, witness statements, or testimony from family, friends, coworkers, and employers who can speak to changes in your behavior, mood, and productivity.
If you have questions or concerns about your right to compensation for your PTSD, contact an experienced personal injury attorney today.
