After a serious accident, your injuries may heal, but the psychological scars can persist much longer. Many accident victims in New Jersey experience post-traumatic stress disorder, or PTSD. This condition can interfere with daily life, relationships, and your ability to work. If you have developed PTSD after a personal injury, it is important to understand whether your claim or lawsuit can cover expenses associated with the economic and non-economic losses the disorder brings. Continue reading for more information and speak with an experienced New Jersey personal injury lawyer to set up your free consultation today.
What is PTSD?
PTSD stands for post-traumatic stress disorder. It is a mental health condition triggered by witnessing or experiencing a traumatic event, like violent crimes, war, natural disasters, etc. While these types of experiences are more commonly associated with PTSD, any type of life-threatening or traumatic event can trigger PTSD. If you were involved in a car crash, animal attack, or workplace accident, for example, it could have been stressful or traumatic enough to cause PTSD.
Symptoms of this disorder include flashbacks, nightmares, severe anxiety, depression, irritability, and avoidance behaviors that disrupt daily functioning. PTSD is recognized as a serious medical condition by the American Psychiatric Association and can be treated with therapy and medication.
What Damages Can I Recover in a Personal Injury Case?
Personal injury law allows victims to recover damages for both economic and non-economic damages associated with both physical and psychological injuries. Economic damages are actual financial losses that a victim suffers, like medical bills, property damage, and lost wages. Non-economic damages are intangible or non-financial losses that still affect the victim but do not have a clear monetary value. This commonly includes physical pain and emotional distress.
Do Personal Injury Lawsuits Cover PTSD in NJ?
Yes, personal injury lawsuits can cover PTSD in New Jersey. Courts recognize this disorder as a legitimate compensable injury, given that the plaintiff can show that their trauma was directly caused by the defendant’s negligence or intentional conduct. PTSD is considered a non-economic damage as it is a mental health disorder, and the suffering a victim experiences due to this condition is non-monetary. However, any costs associated with psychologists, testing, or treatment can also be reimbursed.
How Do You Prove PTSD?
In order to recover compensation for your PTSD in a personal injury lawsuit, you must provide clear and compelling evidence establishing that the defendant’s actions led to your accident and that the development of your PTSD was a direct result.
Important evidence includes medical documentation like a diagnosis from a licensed mental health professional, expert testimony from psychiatrists or psychologists who can explain the link between the trauma and your symptoms, personal testimony explaining how you have been impacted by the condition, and financial records proving the cost of therapy and medication, as well as any lost income due to your PTSD.
Having the help of a skilled attorney is crucial in gathering and presenting this evidence. Reach out to a knowledgeable personal injury lawyer for more information today.
