Posttraumatic Stress Disorder (PTSD) is a relatively common injury for people involved in car crashes. Unfortunately, the stigma associated with PTSD and the lack of clear treatment protocols at many doctor's offices can prolong victim's recovery. Here, we discuss PTSD after motor vehicle accidents and outline how it impacts a plaintiff's personal injury claim.
What is PTSD? According to the American Psychiatric Association, PTSD is an anxiety disorder that often follows a traumatic event involving actual or threatened death, serious injury, or threat to the physical integrity of oneself or others. The National Institute of Health reports the results of approximately two dozen studies assessing samples consisting largely of car accident survivors (often recruited from emergency room admissions or hospital wards) and using well validated structured interviews, the presence of PTSD at least 30 days post-car accident is approximately 25-33%.
In other words, upwards of 1/4 to 1/3 of motor vehicle crash victims can experience PTSD following the the accident.
What are PTSD symptoms? Symptoms of PTSD following a car accident can include: reliving the trauma; avoiding reminders; emotional numbing; hyperarousal; and physical manifestations such as night sweats, tremors and elevated heart rate.
PTSD treatment following a car accident. Fortunately, treatment options exist for trauma victims, the key is getting into therapy as soon as possible. Treatments can include: cognitive behavioral therapy (CBT); exposure therapy; Eye Movement Desensitization and Reprocessing (EMDR); and medications aimed at reducing a victim's anxiety while they recover.
Can a plaintiff make a PTSD claim in a personal injury case? In Colorado, PTSD is recognized as a non-economic damage (and potentially a physical impairment damage). However, it is crucial that the plaintiff seek treatment as soon as possible after her car accident. Insurance companies are hesitant to recognize PTSD damages because they typically don't present with an X-ray or MRI they can look at for objective evidence of the injury.
Experienced personal injury lawyers will rely on their client's treating psychologist or counselor to establish the PTSD claim. Family members, friends and co-workers also present important testimonial evidence of how the victim has changed emotionally after the crash.
If you've been in a car accident and are suffering from PTSD, understand your symptoms are not uncommon and there is help available to you. Please feel free to contact Kane Trial Law at 303-919-7777 for a free consultation.
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