Sometimes the invisible accident injuries are the ones that affect your life the most. If you are experiencing PTSD after a car accident in Texas, then it’s essential to know that the insurers will likely try to dismiss your claim. But you deserve compensation, and Texas law allows you to pursue a settlement.
The best thing that you can do after the accident is hire an experienced legal team to help you gather evidence and build a claim that will win. Our team at The Green Law Firm is here to assist every step of the way. We are passionate about advocating for accident victims and helping each family receive the compensation that they deserve.
PTSD Is a Real Injury (And It Deserves Real Compensation)
Research shows that it’s common for accident victims to experience Post-Traumatic Stress Disorder (PTSD) after being involved in a serious car crash. But this type of injury can be more complicated to prove, especially when there aren’t medical records documenting PTSD immediately after the accident.
But the effects of PTSD are undeniable. Victims who are living with this stress disorder find it hard to get through their daily lives. PTSD can take a toll on relationships and a person’s ability to work, which is why it might make sense to pursue a claim and compensation.
What Are the Symptoms of PTSD From a Car Accident?
The most common symptoms of PTSD after a car accident are clustered into four categories (based on the APA’s DSM-5 definition:
- Intrusive Memories and Flashbacks: Accident victims with PTSD often re-experience the accident through flashbacks, dreams, and intrusive thoughts. Additionally, physical stress responses happen as a result of these intrusive memories, including an increase in heart rate or sweating.
- Avoidance Behaviors: The trauma from the accident might make a person avoid common activities that they previously participated in before the accident. These avoidance behaviors might include refusing to drive a car or get in a car as a passenger, avoiding the area where the crash happened, or refusing to talk about the accident. Some patients start to isolate themselves from friends and family.
- Changes in Mood: People with PTSD sometimes have a change in their mood and thought patterns after the accident. For example, they might experience emotional numbness, detachment, or persistent fear. These mood changes can also cause a loss of interest in their normal daily activities.
- Higher Reactivity: PTSD can cause hyperarousal, which makes the person constantly on edge or hypervigilant about their surroundings. If there is a loud noise or sudden movement, then the person might have an exaggerated response. Some accident victims also have difficulty sleeping or experience irritability and anger outbursts.
Evidence Matters: How to Prove PTSD After a Car Accident
The thoroughness and quality of your evidence will play a critical role in whether your accident claim is successful. Not only do you need a formal DSM-5 diagnosis from a qualified mental health professional, but you also need to be receiving treatment. These records provide solid evidence to show how much the accident affected your life.
The unfortunate truth is that insurance companies often try to find ways to prove that the PTSD is related to something else (and not caused by the accident). So, our legal team will build solid evidence to show that the crash was the cause of your symptoms. We need documentation to prove how much the symptoms have affected your work, relationships, and daily life.
Additionally, sometimes it makes sense to bring in expert witnesses. Their testimony can be critical to proving your claim, whether during the negotiations process or in court.
Types of Accidents That Often Result in Successful PTSD Claims
Depending on the type of accident that you experienced, there might be additional circumstances that increase the likelihood of winning the claim. Stronger PTSD claims that often result in mental anguish damages often involve:
- Severe injuries
- Fatalities
- High-speed or head-on collisions
- Commercial truck accidents
- Rideshare crashes
- Children are involved and witness a loved one’s injuries
How Insurance Companies Fight PTSD Claims
In order to have success with your compensation, it’s helpful to understand how insurance companies often fight against PTSD claims. One of the most common approaches is to pursue a “pre-existing condition,” which means that the insurance company will try to tie your symptoms to something that is unrelated to the crash.
Another defense is that the insurance company might try to prove that your symptoms aren’t serious. They will try to show that you are exaggerating the symptoms (which is why our legal team is proactive about gathering objective proof).
Gaps in the treatment timeline can also have an impact on your claim. If you aren’t consistent with the treatment, then the insurance company might attack this point. So, it’s critical that you seek early treatment and stay consistent with the professional recommendations throughout your treatment.
FAQs
How do you show proof of PTSD?
The best way to show proof is through a formal DSM-5 diagnosis from a licensed professional. Other forms of evidence often include treatment records and documentation showing the impact on daily life.
Can you sue for PTSD after a car accident in Texas without a physical injury?
If there were no physical injuries, then it’s a harder claim to prove, but you can still sue for PTSD after a car accident. You’ll need solid clinical documentation that connects the crash to your diagnosis and related symptoms.
How much can you sue for emotional distress in Texas?
The value of your lawsuit depends on a variety of factors, including the severity of your symptoms and how much your life has been affected. Additionally, strong documentation and an experienced legal team make a big difference in the outcome of your claim.
Call an Experienced Team for Legal Representation After an Accident
At Green Law Firm, we know what it takes to get a settlement for your injuries. Our team is here to help with building a strong claim with evidence to prove mental anguish and emotional distress. Contact us for a free, no-obligation consultation to learn more about your legal rights: (956) 542-7000.
