PTSD – post-traumatic stress disorder – is a complex mental health issue that can affect a person after a life-threatening event. PTSD can be triggered by a car crash, military service, experiencing a national disaster, witnessing the death of a loved one, or sexual assault. After a traumatic event, any person is likely to exhibit signs which mimic the condition, but if these symptoms persist for months, it may be PTSD.
If someone else’s actions or negligence initially caused your post-traumatic stress, a victim may be successful in filing a personal injury lawsuit. This strategy may be especially effective for those who are unable to maintain a job due to the level of their PTSD symptoms. Before deciding if you should file a court case, you should consult a Sarasota area personal injury attorney. Here are some key points to discuss with your lawyer when considering a lawsuit.
How to Prove PTSD
Every personal injury case depends on clear-cut evidence, but this is especially the case when the primary injury you are seeking compensation for involves a mental condition. Your legal team will have to prove that PTSD is indeed present and then show the courts how the disease affects everyday life. Your attorney must also prove that the accident caused your condition and prove that the defendant’s action or negligence caused the accident in the first place. Your personal injury attorney may bring in psychiatric medical experts and researchers to build a solid case that merits your compensation.
Witnesses play an essential role in a personal injury case involving PTSD. The condition is often misunderstood by many people outside of the medical community and is surrounded by confusion. Many people don’t know that PTSD can affect all types of people, not only those who have been in military combat. This is why witnesses with professional experience are helpful in a PTSD case. They can speak to PTSD diagnostic requirements and describe how PTSD looks when it affects an individual.
Your attorney may also bring witnesses to the stand who can testify about your behavior and symptoms after the incident. You may not even need a doctor for this, as those people closest to you may be powerful witnesses. Those who knew you before and after the accident will tell the court about how the injury affected your personality and ability to cope with everyday life. Mental health professionals will also be able to provide clinical evidence.
For any personal injury case involving PTSD to be successful, the plaintiff must have damages that can be proven. Compensatory damages may include medical expenses and lost wages. General damages include less quantifiable aspects of compensation, such as pain, suffering, and mental anguish.
Probinsky & Cole is a Sarasota and Tampa area law firm specializing in personal injury and immigration cases. If you have been injured in an incident that has resulted in PTSD onset, call today. It will be necessary for your legal team to prove that your PTSD and the accident are correlated. We are here to help.
