Recovering Compensation For Mental Anguish And Emotional Distress
Under Kentucky law, a personal injury victim can pursue compensation for mental anguish and emotional distress however, due to the subjective nature of these non-economic damages, it is rarely easy to recover fair compensation. This is where a personal injury attorney can help.
Matt Troutman is an accident lawyer in Lexington who will investigate your collision, gather evidence, and help you fight for the maximum settlement. If your case goes to trial, Mr. Troutman has the litigation experience to represent your interests in court. Call today to schedule a free initial consultation.
Your Doctor Can Help You Find Treatment
The biggest danger with PTSD is trying to ignore it. When PTSD becomes chronic, it becomes much harder to treat. None of us would imagine not seeking help for a broken finger or sprained ankle. This diligence should carry over to mental health as well.
A doctor can help you find and access treatment that fits your needs and schedule.
What Are The Symptoms Of Ptsd
According to information from the Mayo Clinic, some of the common symptoms of PTSD include:
- Angry or aggressive outbursts
- Avoiding people, places, or activities that may remind you of the traumatic event
- Avoiding thinking about or talking about the traumatic event
- Being easily frightened after the traumatic event
- Difficulty concentrating
- Feeling isolated from friends and family
- Feeling like you are always looking out for danger
- Feeling numb or disconnected from the world
- Flashbacks that make it seem like you are reliving the traumatic event
- Having trouble maintaining close relationships
- Insomnia or other difficulties with sleep
- Intense feelings of guilt or shame
- Intense negative feelings about yourself, the world, or other people
- Intense physical or emotional reactions to things that may remind of the traumatic event
- Lack of interest in things you used to enjoy
- Memory issues in general or being unable to remember key details about the traumatic event
- Nightmares about the traumatic event
- Recurring memories of the traumatic event
- Suicidal thoughts
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How Can A Car Accident Cause Ptsd
There are multiple ways that a car accident can cause a victim to develop PTSD. It is traumatizing to suddenly be struck by another vehicle, especially through no fault of your own. You may obey all of the traffic rules only to be seriously injured by a careless driver. Losing control of ones vehicle is another traumatizing aspect of a car accident. The loss of control over ones safety can make car accident victims feel helpless and defenseless.
Causes Of Ptsd: Road Traffic Incidents
One of the biggest misconceptions about post-traumatic stress disorder is that it only affects people who directly experience a harrowing incident. Including being involved in a road traffic accident as a driver, passenger or a person who is hit by a vehicle.
In fact, its important to understand that witnessing an incident that results in death or a life-changing injury or even the potential for those things can also lead to PTSD.
Drivers and passengers of cars, lorries, buses & motorcycles, cyclists, horse riders, pedestrians all users of the road and their surroundings are all at risk of PTSD from a road traffic incidents.
Every cause of PTSD is valid. Also, everyone is entitled to help for PTSD, whether you are a driver prosecuted for your actions or a witness to a tragedy involving strangers.
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Have Problems At Work At School Or In Social Situations
Your emotions and distress impact your ability to function and perform daily activities.
Finally, your symptoms cannot be related to substance abuse, your medications, or other illnesses or injuries.
If youre experiencing these issues, consult with your doctor or a mental health professional. Your doctors can assess your emotional injuries, help you manage your symptoms, and document their severity. This can assist in your recovery and will serve as important evidence if you file a personal injury claim to seek compensation after a car crash.
One study reports that 50% of car crash victims with chronic pain also have PTSD.
Intrusive Thoughts And Memories From Ptsd
Intrusive thoughts or memories are another stressful symptom of PTSD. When victims experience intrusive thoughts or memories, they are usually of the traumatic event itself. Many victims describe recurring dreams or nightmares and, in severe cases, complete flashbacks of the auto accident itself, causing victims to believe the event is happening all over again.
According to the Mayo Clinic, it is common for car accident PTSD victims to experience severe emotional distress or profound physical reactions to objects, people, or situations that happen to trigger negative memories of the car accident. The best treatment for such intrusive thoughts is to speak to a trained mental health therapist to help identify what precisely is triggering them in the first place. Its only after the root causes of these intrusive memories that car accident PTSD victims can finally confront what is truly causing these fears. Some victims might be tempted to simply avoid whatever is causing such triggers, but this is a mistake. Avoidance often leads to further depressive patterns and habits.
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Can A Car Accident Cause Posttraumatic Stress Disorder
The CDC reports that in the United States, about 100 people die every day from a motor vehicle accident, making this a high probability death risk in the US.
Car accidents are incredibly common. Most of us have been in a fender bender once or twice. But when the accident results in us witnessing the death of someone that we love or threatens our life, our body often reacts in a different way.
As uncomfortable as anxiety is, it does serve a purpose. Anxiety allows us to be aware of our surroundings, avoid potentially negative situations and learn from past events to protect our safety and well-being. It stinks. Its uncomfortable. But its a good thing overall.
Posttraumatic Stress Disorder, on the other hand, is an anxiety response in overdrive.
Slam on your breaks and nearly hit the car in front of you, you may feel anxious for a few hours to weeks. But see your life flash before your eyes and your amygdala wants to be sure that you never forget.
Common Treatments Of Ptsd
Many PTSD victims seek help from doctors or therapists to manage their symptoms and help them move forward after their traffic accident. A medical professional can help you determine the best course of action, depending on the nature of your accident, your PTSD symptoms, and other factors.
According to the American Psychological Association, some common methods used for the treatment of PTSD include:
- Cognitive behavioral therapy: CBT is often used to help victims alter unhelpful thinking about their accident to develop healthier behaviors
- Exposure therapy: Prolonged exposure can help individuals confront fears gradually rather than avoiding them
- Eye Movement Desensitization and Reprocessing : EMDR is sometimes used to help PTSD victims change the way the memory of their accident is stored in the brain
- Cognitive processing therapy: CPT can help PTSD victims create new understanding and thought patterns regarding their traumatic event
- Medication: In some cases, your doctor may recommend antidepressants or other medication to help manage your symptoms
If you believe you are suffering from PTSD symptoms after a car accident, it is a good idea to contact a health professional for diagnosis and treatment.
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Four Common Symptoms Of Ptsd After Car Accidents
Its normal to feel anxious or depressed after a car accident. This is particularly true if you lost a loved one in the crash or suffered injuries. However, just because you experience depression does not necessarily mean that you suffer from PTSD.
Post-traumatic stress disorder has profound and devastating effects. Luckily the depression and anxiety caused by PTSD can be treated. Although every case of PTSD is unique, these four symptoms are particularly common:
Treating Ptsd After A Car Accident
Psychologists, psychiatrists, and other scientists who study PTSD after motor vehicle accidents have come to a consensus on a few different treatments to help you through your struggles. They include:
Cognitive Behavioral Therapy : CBT is a form of psychological treatment that mental health professions use to treat many disorders, including PTSD. The American Psychological Association states that CBT relies on several core principles, including recognizing and unlearning harmful patterns and replacing them with healthy coping skills and mindfulness. Ultimately, CBT helps you break out of patterns related to PTSD after a car accident and face your fears.
Supportive Psychotherapy: This treatment is often used in conjunction with CBT. The goal of supportive psychotherapy for those who treat PTSD car accident victims is to help patients cope with their mental anguish and the ways it impacts their daily life. Therapists focus on providing comfort, advice, and encouragement. Additionally, supportive psychotherapy provides an outlet for those who are struggling with PTSD to vent their frustrations.
Eye movement desensitization and reprocessing : EMDR has proven effective for PTSD patients, according to the APA and World Health Organization . By tracking and guiding a patients eye movements while they recall a traumatic event, clinicians can reroute the brains associations.
Medication: While not always a long-term fix, medication can also be helpful in treating PTSD symptoms.
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Do I Need A Lawyer For My Ptsd Injury Claim
Handling a car crash insurance claim is difficult on your own, even if youre not struggling with PTSD. With PTSD, it can be virtually impossibleespecially if thinking or talking about the crash triggers your symptoms.
Additionally, your PTSD claim might involve multiple insurance policies. Depending on your circumstances, you might have claims against the at-fault driver, your personal injury protection policy, your uninsured/underinsured motorist policy, and others. Without help from an experienced car crash lawyer, you might lose your right to valuable compensation.
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Rather than give up, add a personal injury lawyer to your team of doctors, counselors, and other specialists. Your lawyer can take pressure off you, handle interactions with the insurance companies, and give you space and time to heal. An attorney can also help you understand the value of your claim by calculating the economic and non-economic impacts of your PTSD and other injuries.
Can You Claim Compensation For Anxiety
Amount of CompensationAnxiety which only last a few days or weeks following an accident. This can have a serious impact on your life in the short-term, but you will make a full recovery. This anxiety if often related to injuries sustained in another accident. In most cases, this will be related to the loss of wages.
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Can I Claim For Anxiety After Car Accident
Asked by: Albertha Fahey
Yes, you can get compensation for anxiety after a car accident. In some cases, you may have the right to claim compensation for the emotional distress that accompanies a serious car accident. You’ll need to establish and prove that the anxiety developed after the accident to get the claim approved.
Refuge In Normal Activities
Following a serious car accident, many people find value in normalcy, in returning to things that you would have done before the accident. You may need social support from loved ones to make it easier to handle even activities that you once handled with ease on your own. Sometimes, you may need to leave those events early to help manage anxiety or flashbacks. Try some of these strategies:
Similarities Between Tbi And Ptsd Symptoms
PTSD and TBI both change the way your brain works, which is perhaps the reason they have some overlapping symptoms. They can also co-occur, making it difficult to determine which symptoms are caused by which condition. This can complicate your treatment or even result in a missed diagnosis.
Both concussions and PTSD can cause:
Effective Treatments For Post
Your doctor will most likely prescribe a treatment plan that involves psychotherapy and medication. Psychotherapy for PTSD sufferers usually involves exposure therapy and cognitive behavioral therapy .
Exposure therapy will help you overcome irrational fears by confronting the cause of your PTSD symptoms. CBT will help you identify and change negative thought patterns.
Antianxiety medications and antidepressants can treat your PTSD symptoms in the short-term however, they are not ideal for long-term use because of the potential for addiction and abuse.
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Signs That You Have Ptsd From A Car Accident
After a motor vehicle accident, most victims are focused on recovering from their physical injuries. After all, every morning when they wake up and they look in the mirror they can see and touch their injuries. However, there is one type of injury that cant be seen by victims but is equally as damaging. That is the psychological trauma that results from a car accident, including post-traumatic stress disorder .
The alarming fact about PTSD is that it receives very little attention, despite the fact that up to 45% of auto accident victims suffer from this type of personal injury.
This statistic is well-documented among researchers as well as the medical community. Often times, insurance adjusters and health care providers dont acknowledge the fact that post-traumatic stress disorder is one of the major consequences of motor vehicle accidents. Unfortunately, when trying to settle a car accident claim, we have to educate insurance adjusters on the importance of these damages.
How Often Does Ptsd Happen After A Car Crash
Both minor and severe car crashes can cause debilitating physical injuries, and in some cases, they can also cause debilitating emotional injuries. Although its not automatic that a victim will develop a serious emotional injury like post-traumatic stress disorder after a car accident, it is still a very real possibility. Survivors might be hesitant to seek help for an emotional injury after an accident because unlike physical injuries, emotional injuries cannot be seen.
Emotional injuries like post-traumatic stress disorder are just as real and can be just as painful as a broken bone. When your life is dramatically affected by an injury of any kind after an auto wreck that wasnt your fault, you deserve justice for the way of life that was taken from you. A Jackson car accident lawyer from Pittman Roberts & Welsh, PLLC will give you the legal support you need to grant you peace of mind that the liable party is being held responsible for their actions.
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If You Got Into A Car Accident And Were Not At Fault Let Us Help You
Every car accident is different. There are many factors that determine the drivers level of liability. Lets discuss your case. Well look for ways to have all of your expenses covered for present and future treatment as long as they relate to the accident.
At Carey, Leisure & Neal, we have more than three decades of combined experience successfully representing clients involved in car accidents. All of our attorneys are accessible and Board Certified in civil trial law. Contact us online or call us at to schedule a free consultation.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.
How To Spot Brain Injuries And Ptsd After A Car Accident
Most physical harm done by a car accident is fairly easy to spot. Scrapes, bruises, or more serious injuries like broken bones leave obvious marks. The effects of a car accident on your brain, however, often leave no visible signs.
Its important to get a full stock of your injuries after a car accident so you know how much compensation you can and should request. To that end, heres what you should know about the mental health concerns and physical brain damage that may stem from a wreck.
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Car Accidents And Ptsd
Car accidents happen in a matter of seconds but the injuries and mental trauma can last for days or years after the event. If you are concerned that you or a loved one is suffering from PTSD after a car accident, here are some symptoms to look out for.
- Recurring and often distressing memories of the event
- Flashbacks of the traumatic event
- Nightmares about the event
- Emotional or physical reaction when going back to the place or seeing an object associated with the event
- Trying to avoid thinking or talking about the event
- Avoiding places or activities that remind one of the event, such as driving or taking that particular road
- Negative thoughts about oneself
- Lack of interest in activities that were once enjoyed
- Being easily startled
Risk Factors For Stress Disorders Related To Motor Vehicle Accidents
The development of post-traumatic stress symptoms is influenced by preexisting personality characteristics, the nature of the trauma, the person’s reaction during the event and subsequent experiences . Among factors that predispose persons to PTSD are prior traumatic experiences3,13 and a history of psychiatric disorders.4,6,15
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Seeking Compensation For Ptsd After A Car Accident
If youve suffered from car accident PTSD, you deserve compensation, plain and simple.
PTSD settlement amounts vary. How much compensation you can expect depends on the other details of your case but know that we take your pain and suffering seriously.
Damages you might recover in a settlement include medical expenses, future medical expenses, lost wages, future lost wages, and non-economic damages for emotional distress, loss of consortium, and more.. Some examples of damages related to PTSD after a car accident include:
- Cost for visits to a psychiatrist, psychologist, or other mental health professional
- Travel to and from doctor appointments related to PTSD diagnosis and treatment
- Prescription medications
- Treatment for other issues accompanying the PTSD, such as substance abuse treatment
- Cost of inpatient mental health and treatment programs related to PTSD when applicable
- Compensation for mental anguish
You can be sure the insurance company and/or at-fault party named in the lawsuit will go out of their way to avoid paying a claim. Your attorney must be thorough and aggressive in order to prove negligence. Causation is one of the most contested elements of negligencethat is, your attorney must prove that the accident is what led to your PTSD.
You might also consider keeping a daily journal of your experiences, symptoms, feelings, and anything associated with the car accident. This provides another tool for your attorney to build your case.