Experiencing a car accident can leave lasting physical and emotional scars, especially when there are severe injuries. While physical injuries often heal with time, emotional trauma, such as Post-Traumatic Stress Disorder (PTSD), can persist and significantly impact your daily life. If you’ve been involved in an accident in Ohio and are suffering from PTSD, you may wonder if this emotional distress can be included in your personal injury claim. We will explain PTSD in the context of car accidents and what you need to know about pursuing compensation for your damages.
For legal help, we urge you to reach out today to discuss your case with our Ohio car accident lawyers. Find out how Brandon J. Broderick, Attorney at Law can help you today.
Understanding PTSD and Its Impact
PTSD is a mental health condition triggered by experiencing or witnessing a traumatic event. Car accidents are a common cause of PTSD, especially when the incident is severe or life-threatening. Symptoms of PTSD can include flashbacks, nightmares, severe anxiety, and avoiding reminders of the trauma. These symptoms can make daily activities, like driving or even riding in a vehicle, feel unbearable.
The emotional toll of PTSD can be as debilitating as physical injuries. It can disrupt your personal relationships, hinder your work performance, and reduce your overall quality of life. In personal injury claims, PTSD is considered a non-economic damage, which refers to the emotional and psychological impact of an injury.
Including PTSD in a Personal Injury Claim
In Ohio, it is possible to seek compensation for PTSD and other emotional injuries following a car accident. However, proving PTSD can be more complex than demonstrating physical injuries. Here’s what you will typically need to support your claim:
- A formal PTSD diagnosis from a licensed healthcare professional.
- Medical records and therapy notes outlining your symptoms and treatment plan.
- Expert testimony from psychologists or psychiatrists to validate the impact of PTSD on your life.
- Personal accounts from family or friends who have witnessed how your behavior and emotional well-being have changed since the accident.
Ohio Laws on Non-Economic Damages
When pursuing a claim for PTSD in Ohio, it’s essential to understand how non-economic damages are handled. Ohio law allows compensation for non-economic damages, but there are certain limits. According to Ohio Revised Code Section 2315.18, non-economic damages are generally capped at $250,000 or three times the amount of economic damages, up to a maximum of $350,000 per plaintiff or $500,000 per occurrence. However, if the injuries are catastrophic—resulting in permanent disability or disfigurement—the caps may not apply.
Additionally, the statute of limitations for personal injury claims in Ohio is two years from the date of the accident. This means you must file your claim within this period or risk losing the right to seek compensation.
Why You Should Work With an Experienced Attorney
Navigating a personal injury claim that includes PTSD can be challenging, especially when dealing with insurance companies that may try to minimize your suffering. Working with an experienced personal injury attorney can make a significant difference. An attorney can:
- Help you collect and organize medical and psychological evidence to strengthen your claim.
- Connect you with specialists who can provide expert testimony.
- Negotiate with insurance companies to ensure fair compensation.
- Represent you in court if a settlement cannot be reached.
An attorney’s role goes beyond legal representation; they offer guidance, support, and a thorough understanding of your rights throughout the claims process.
Common PTSD Symptoms That Can Affect Your Case
PTSD symptoms can vary from person to person, but common signs include:
- Reliving the accident through intrusive memories or flashbacks.
- Avoidance behaviors, such as refusing to drive or avoiding locations that remind you of the crash.
- Heightened anxiety or irritability, affecting your ability to work or maintain relationships.
- Difficulty sleeping or experiencing frequent nightmares related to the trauma.
The more severe and lasting these symptoms are, the stronger your case for non-economic damages.
Steps to Take If You Believe You Have PTSD
- Seek Immediate Medical Attention: If you suspect you have PTSD, consult a healthcare provider. Early diagnosis and treatment are vital.
- Document Your Symptoms: Keep a detailed journal of your emotional state and how PTSD is impacting your life.
- Adhere to Your Treatment Plan: Attend all therapy sessions and follow your healthcare provider’s recommendations.
- Consult with a Personal Injury Attorney: Legal guidance can ensure you are fully informed about your rights and options for seeking compensation.
Call Brandon J. Broderick For Legal Help
Navigating Ohio car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced car accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.