Claiming Disability Benefits For Ptsd
There are specific requirements you must meet in order to qualify for PTSD disability benefits.
Your medical records must show you suffer from at least 1 of the following:
- You remember a traumatic experience.
- You have recurring obsessions or compulsions.
- You have an irrational fear of a situation, object, or activity that causes you to compulsively avoid it.
- You have severe panic attacks an average of once a week.
- You have generalized persistent anxiety accompanied by 3 or more of these specific physical symptoms: shortness of breath, rapid heart rate, dry mouth, cold hands, dizziness, apprehension, motor tension, increased startling, or impaired concentration.
You also must show at least 2 of these symptoms:
- You are restricted in your normal daily activities.
- You have difficulty maintaining social functioning.
- You have difficulty maintaining concentration, persistence, or pace.
- You have repeated decompensation or psychiatric symptoms that last for a long time.
If you dont have 2 of those symptoms, you can also make a disability claim for PTSD if your medical records prove that the PTSD results in your inability to function on your own outside your home.
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Ptsd: Can You Make A Claim For Damages
Yes, you can make a claim for damages for PTSD. Illinois allows for the recovery of emotional damages. When a person has sustained injuries due anothers actions, the person is entitled to recover all damages which are the natural and legal cause of the conduct.
When someone else’s negligence inflicts physical injury, Illinois courts allow recovery for the mental conditions accompanying the injury. Also, under certain circumstances, you can recover damages for negligent infliction of emotional distress even in the absence of a physical injury. PTSD can also be classified as emotional distress.
What Type Of Emotional Distress Claims Are Available
As noted above, there are two main types of emotional distress claims. The different types of claims available for emotional distress include:
- Negligent Infliction of Emotional Distress: This claim for emotional distress occurs when a defendantâs actions are accidental or unintentional. However, there must still be a causal connection between the defendantâs action and the emotional distress the plaintiff suffers. For instance, cases where a person witnessed the death or injury to their family member from a drunk driver may qualify for negligent infliction of emotional distress and
- Intentional Infliction of Emotional Distress: This claim for emotional distress occurs when a defendants actions are intentional or reckless. For example, an employer having you fired and escorting you out in handcuffs may be humiliating, that treatment would likely not rise to a level of intentional infliction of emotional distress.
- However, a case where you have been diagnosed with post traumatic stress disorder due to having been repeatedly subject to bullying and workplace harassment, and your employer knew but took not action, may be likely to succeed.
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Types Of Emotional Distress Claims
There are several different types of emotional distress claims that courts will review. These include:
- Intentional or negligent infliction of distress
- Parasitic emotional distress with accompanying bodily injury
- As part of a pain and suffering claim
- As part of a loss of consortium claim
Loss of consortium occurs when family members or spouses no longer have the benefit of a relationship with another family member. This could be because the family member died or because the emotional stress prevents them from maintaining the same type of relationship they did before the incident that led to the stress.
If you or a loved one have suffered emotional stress and you want to know how to sue for emotional distress, contact Lundy Law today to learn what rights you may have. You can arrange for an initial consultation by calling 1-800-Lundy Law or completing the simple query form on our website.
Is It Worth Seeking Legal Advice If I Make A Ptsd Claim Against My Employer
Because post-traumatic stress disorder claims are complex, it is far better to seek legal advice from a solicitor. The reason being that solicitors have the necessary legal expertise to deal with this type of claim against employers who could be deemed to have been negligent in their duty to ensure employees and other workers are kept safe in the workplace.
Just having to deal with the symptoms associated with post-traumatic stress disorder can make your life both social and working, much harder to cope with. Having someone who understands what you are going through and working on your behalf when seeking PTSD compensation, can make the whole process much easier to cope with. Other benefits and advantages of having legal representation when filing a post-traumatic stress disorder claim would include the following:
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Why You Need A Strong Legal Advocate On Your Side To Sue For Ptsd After A Car Accident
Dealing with insurance companies that want to pay out the bare minimum is another challenge in and of itself. Claims adjusters may try to deny or minimize your claim for PTSD, especially if the onset of symptoms was delayed by several months.
Hiring a North Carolina personal injury lawyer with a strong track record of success winning car accident claims is a step in the right direction. When you partner with Riddle & Brantley, you can count on powerful advocacy and an empathetic team of litigators who will ensure your voice is heard.
A successful injury claim can recoup damages to pay for medication, psychotherapy, counseling, and other PTSD treatments. Plaintiffs can also recover compensation for any income that was lost because of their inability to work, as well as damages for emotional anguish and suffering.
North Carolina adheres to rules of contributory negligence, which bar a plaintiff from securing damages if they are even 1 percent to blame for the accident. Because of this caveat, it is essential to retain expert legal counsel before making a statement to the insurance company.
To be clear, do NOT give a recorded statement to an insurance company before first speaking with an experienced car accident lawyer.
What Do I Need For A Successful Ptsd Claim
In order to successfully sue for PTSD following a car accident, its highly recommended to have the following:
- A personal injury lawyer who is experienced in developing comprehensive case strategies with complex damages in mind. They have the knowledge and skills to craft a compelling argument on the basis of your PTSD.
- Expert witnesses to corroborate your PTSD diagnosis and that your car accident directly contributed to your PTSD. This may include medical professionals, licensed therapists, academics, or other experienced individuals who may have first-hand knowledge of PTSD and the circumstances surrounding its development. More expert witnesses is always beneficial to your case.
- Someone who may be able to accurately quantify the damages associated with your PTSD. Unlike physical injuries, determining how much your case is worth can be more complicated. Consulting a professional who has experience in determining the value of a case involving a mental disorder can be invaluable to your recovery.
Car accidents can be traumatic, and nobody should discount the impact one may have on our physical, emotional, and mental health. If you developed any disorders or health issues, you deserve compensation for your damages no matter how much it looks like it impacts your life.
PTSD is arguably more impactful than many major injuries, and thus should be taken more seriously by the legal system.
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Factors That Affect The Value Of A Ptsd Lawsuit Settlement
Often the first thing people want to know about a stress-related lawsuit is how much might they expect to get out of it. Instead of simply saying it varies , we will lay out five factors which influence a settlements value.
In some cases, they can be compensated for any lost opportunities for a job. For example, if a victim of PTSD missed an interview due to their symptoms, they may be able to receive compensation for the lost job opportunity.
Summary
- PTSD is an increasingly popular component of car accident lawsuits, and the key focus points are the injury, the causation, and recoverable damages.
Determine Whether Youre Eligible
Your main concern may be your eligibility in the first place. You may not have even suffered many financial losses, but the mental toll has affected your life. Can you sue even if you arent in dire financial straits?
In fact, you may be eligible for compensation after your Wisconsin car accident. If you experienced tolls that affected your life after an accident, you may be due compensation from the person responsible for your injuries.
It doesnt matter if you didnt suffer severe injuries, like a spinal cord injury or brain trauma. Youre still suffering from someone elses carelessness, and you shouldnt have to pay for those damages. Luckily, your car accident lawyer can help you file for your losses due to PTSD.
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Intentional Infliction Of Emotional Distress / Psychological Injury
Many psychological injuries are sustained in accidental circumstances. However, in some cases it is possible to claim for the intentional infliction of emotional distress / Psychological Injury. This applies to situations where you can prove the other party caused trauma through deliberate actions.
Road rage is a common example of causing intentional distress. Its not possible to accidently behave violently towards another road user, so this kind of behaviour can be classified as deliberate for which in some cases exemplary damages can apply.
Motorcycle Accidents Claims And Ptsd
PTSD after a motorcycle accident is more common than people realize. According to the National Center for Biotechnology Information , PTSD frequently occurs as a result of motor vehicle accidents.
Because PTSD is a condition you can get from a motorcycle accident, it may be included in a personal injury insurance claim. If another partys negligence caused your motorcycle accident, they may be liable for all of your accident-related damages, including PTSD.
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Does My Employer Have Responsibilities In The Workplace
All employers have a duty of care towards the people who work for them. These responsibilities are set in place to protect you when you are in the workplace. There are many laws and Health and Safety Executive regulations in place which both employers and employees must adhere to in the workplace. An employers responsibilities towards you when you are in their employment are as follows:
- You are given adequate training to carry out your job and ongoing training is provided at regular intervals
- The machinery, equipment and tools used in the workplace are in good working order and serviced according to a manufacturers guidelines
- That risk assessments are routinely carried out in the workplace to identify dangers and risks that may be present before setting in place all reasonable measures to reduce the chance of an accident occurring
- That you are provided with detailed working practices and procedures
- That you are provided with the correct personal protective equipment which must be kept in good condition and readily available
If an employer fails to keep you safe while you are in their employment and you witness or are involved in a traumatic accident at work that leaves you suffering from post-traumatic stress disorder, you would have the right to seek compensation by filing a personal injury claim against them.
Claim For Psychological Or Psychiatric Trauma Following An Accident
Psychological injury is common when an individual has been exposed to a traumatic and life changing event such as a serious accident, and there are certain types of injury, such as brain injury or head injury, which are more likely to result in serious psychological symptoms developing.
Psychological injury can include:
- Depression
- Post-traumatic stress disorder
Symptoms of psychological injury can include low mood, irritability, flashbacks, nightmares, grief, anger, guilt, social withdrawal. It is important to understand that psychiatric damage may not always be noticeable from the outside in fact, the person suffering the injury may appear to be functioning normally. However, on the inside, symptoms can begin to mount, causing serious emotional distress and, ultimately, noticeable dysfunction.
If you or someone close to you has suffered a psychiatric injury alongside their serious physical injury, you should speak with a solicitor about claiming compensation. Talk to Thompsons today.
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What Is Mental Anguish And Emotional Distress
Mental anguish and emotional distress conditions dont have a list of specific symptoms like PTSD, but theyre still mental conditions for which you can recover damages based on the psychological impact of your injury.
Theres no specific definition for emotional distress, but symptoms could include :
- Sleep disturbance
- Humiliation
- Grief
If youve been in an accident that caused emotional distress, try keeping a journal or log to record how youre feeling each day. It can be important evidence to document how your life has been affected by your injuries or as a result of the accident.
Post-Accident Journal Form
How Long Do I Have To File A Ptsd Claim Against My Employer
If you want to file a post-traumatic stress disorder claim against your employer, you would have 3 years to do so. This time limit would begin from the date a qualified medical professional diagnoses you as suffering from PTSD. With this said, because the condition is known to be extremely complex, all too often symptoms associated with post-traumatic stress disorder may not manifest themselves for months or even years down the line and this is true whether you are a primary victim or a secondary victim.
Should this be the case, you could still be entitled to claim compensation even when the statutory 3 year time limit has expired. A personal injury solicitor would assess whether you would still be entitled to claim PTSD compensation from an employer and the sooner they are contacted, the sooner you would know what would be required to support your claim even when the 3 year deadline has passed.
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Making A Ptsd Claim For A Workplace Injury
An injury that happens at work is usually covered under a workers compensation claim. The goal of the workers compensation system is that it provides no-fault benefits to any worker injured on the job. It also insulates the employer from liability, which means the employers insurance pays the claim and the injured worker isnt permitted to sue the employer for their injuries.
A PTSD claim can be covered under workers compensation in some states.
What kinds of PTSD injuries happen in the workplace?
Workers who are exposed to particularly traumatic events are more likely to experience PTSD from a workplace event police officers, firefighters, emergency medical personnel, first responders and other people who work in high-stress or dangerous environments are at higher risk.
PTSD can also occur in someone who witnesses a tragic or frightening event at work, like seeing a fellow employee die or suffer serious injury in a workplace accident.
An employee can file a workers compensation claim for PTSD without an accompanying physical injury in some states. Each state has its own rules for when PTSD is compensable under workers compensation.
If you make a claim for workplace-related PTSD, you can receive benefits for medical treatment related to the condition, compensation for permanent mental health impairment, lost wages, and any other benefits to which youd be entitled for a physical injury through a workers compensation claim.
How Much Could I Receive In Ptsd Compensation
So, youre asking, how much compensation can I claim for post-traumatic stress disorder?, Well, this depends on numerous factors. These include being unable to work, suffering for a long time, and any physical injuries accompanying the mental strain. But the more severe the PTSD is, the more money you could receive as part of your compensation payout. And that includes veterans claims post-traumatic stress disorder, which we define later in the guide.
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How Much Compensation Could I Receive For Post
The level of post-traumatic stress disorder you could be awarded in a successful claim would depend on several things which are detailed below:
- The severity of your condition and how the symptoms you are experiencing affect your daily life and your ability to work
- Whether the symptoms you experience as such, that they prevent you from working
You would be entitled to claim both general damages and special damages. General damages are calculated by taking the severity of your condition into consideration and are based on the Judicial College Guidelines. Special damages, however, are based on actual expenses and other costs you incurred as a direct result of having developed post-traumatic stress disorder following an accident in the workplace.
With this said, the amount of post-traumatic stress disorder compensation you may receive could be as follows:
The amounts indicated above are provided as a guideline as to the amount of post-traumatic stress disorder compensation you may be awarded, bearing in mind that every claim is different. In short, you may receive more or less that the compensation indicated above in a successful post-traumatic stress disorder claim against a negligent employer.