How Can You Prove PTSD and Emotional Distress After an Accident?

When you’ve been hit by a car or truck, the injuries from the accident go far beyond what can be seen, even with X-rays and CT scans. A collision is a traumatic experience whether you’re riding in a car, on a motorcycle or bicycle, or walking. That type of trauma damages you mentally and emotionally as well as physically.

The damage can change your life completely, and you may never fully recover and be able to enjoy the life you lived before the accident. Your mind may replay the horror repeatedly. Sights and sounds may suddenly send you into a panic. You may be afraid to ride in a car or even leave the house.

When you work with an experienced personal injury attorney, your attorney will fight to recover compensation for all the consequences of your injuries, and that includes the mental and emotional harm as well as the physical harm you’ve suffered. How do you prove that you’re tortured by PTSD or other forms of emotional distress because of the accident? The answers depend on the circumstances. If you contact us for a free consultation, we could explain the evidence that might work best in your situation. As a general overview, here are some of the forms of evidence that are commonly used to prove invisible injuries such as PTSD and emotional distress.

Proving Post-Traumatic Stress Disorder with Clinical Evidence

Post-traumatic stress disorder (PTSD) is a clinically recognized mental health disorder. While it may be common and it may not be surprising that it would be triggered by an accident, it requires a diagnosis from a qualified psychiatrist or psychologist. These mental health professionals use criteria from recognized diagnostic manuals to assess whether a patient is suffering from PTSD.

Some of the symptoms they will look for include:

• Situations where memories intrude in your life in a way that cannot be ignored. This includes experiencing flashbacks of the accident, nightmares, and recurring anxiety
• Habitual avoidance of circumstances. After a collision, this might involve refusing to go near the accident scene or refusing to drive or get in a car
• Feelings of hypervigilance. This is where an accident victim is easily startled or always feels “on edge.”
• Dramatic or negative changes in mood. Accident victims with PTSD may withdraw socially or become emotionally numb.

Your diagnosis, as well as the documentation of these symptoms, can be used as evidence that you are suffering due to PTSD.

Emotional Distress in California

California law allows recovery for emotional distress in accident cases even if you were not physically hurt by the incident. If you witnessed your loved ones suffering injuries or death, you can recover compensation for the emotional harm that the episode has caused. You can also recover emotional distress caused by your own injuries and their impact on your life.

Proving emotional distress generally requires a combination of different forms of evidence. When the emotions lead to physical symptoms such as insomnia, documentation of physical symptoms can serve as evidence. Records from mental health professionals who have treated the victim for emotional distress can also serve as valuable evidence.

Building an Evidence Portfolio for Noneconomic Damages

PTSD and emotional distress are two examples of types of noneconomic losses that can be caused by an accident. Any losses that don’t have a direct economic value can be considered noneconomic losses. Other types of noneconomic losses include pain and suffering. Economic losses, by contrast, would include medical bills and wages lost due to the inability to work.

Noneconomic damages can often be compensated much more highly than economic losses. They represent damage to the quality of your life, which is invaluable. But it can be more difficult to prove the extent of your noneconomic losses without the assistance of a dedicated attorney who is willing to take the time to work with you closely to help you build an evidence portfolio.

Every accident scenario is different, so the things you might include in your portfolio will be unique to your case. It might include:

• Records from healthcare professionals. This includes physical and mental evaluations, prescriptions for anxiety meds or sleep aids, therapy notes, and other records providing evidence of the treatment you have needed because of your PTSD or emotional distress.
• Journals of your daily experiences. It is very helpful to keep a journal with you where you write down episodes such as panic attacks, flashbacks, or instances where you had to alter your routine because you refuse to face certain reminders of your accident. You can record notes on your phone and have them transcribed into a journal. When a jury sees day after day of entries about the effects of your trauma, it can serve as very powerful evidence.
• Statements from family members, friends, and co-workers. These should document the changes in your behavior since the accident.

In addition, it is often helpful to have expert testimony from mental health professionals who can explain how the accident directly led to psychological trauma.

Connecting Your Symptoms to the Accident

Insurance companies and attorneys representing the person responsible for causing the accident will attempt numerous tactics to avoid accepting liability for causing the accident, but they will also try to show that even if their client caused the collision, your PTSD and emotional distress stem from a cause other than the accident. They may argue that the emotional symptoms existed before the accident or that something since the accident was the cause of the emotional distress.

If you seek treatment for and start documenting symptoms right after the accident, that can provide valuable evidence connecting the accident to your mental distress.

Work with an Attorney Who is Prepared to Help You Recover Full Compensation for PTSD and Emotional Distress

Documenting and proving mental and emotional injuries takes more effort than proving other types of losses. But when your life is torn apart by emotional chaos, you deserve to receive justice and fair compensation for the harm you are enduring. At the Law Offices of Benjamin Arsensian, we understand what you are going through and want to ensure your losses are recognized and fairly compensated. Schedule a free consultation with us today to discuss the assistance we can provide after your accident.