In New Jersey, a victim of a car accident may be entitled to compensation for the physical, emotional, and psychological impact that the crash had on their life. While being compensated for the development of PTSD after a car accident can be complex, it is possible. To learn more about your legal rights and options during a claim or lawsuit, work with an experienced Bergen County car accident lawyer.
What is PTSD and How Can a Car Accident Cause It?
PTSD, or post-traumatic stress disorder, is a mental health condition that can develop in individuals who have gone through a traumatic event. This condition can be triggered by experiencing or witnessing an extremely stressful or scary situation, like a car accident.
PTSD symptoms often manifest in intrusive flashbacks, persistent nightmares, severe anxiety or depression, heightened reactions, avoiding people or places associated with the event, and more. While minor car accidents can also cause PTSD, if the crash was severe, life-threatening, or involved an injury or loss of life, the trauma from the accident could be overwhelming and affect the individual’s ability to process the experience.
Can PTSD Be Compensated After a Car Accident?
Yes, under New Jersey state law, both physical and psychological injuries sustained in a car accident are considered compensable. PTSD can severely impact a person’s ability to work, maintain relationships, and perform daily tasks.
Under NJ’s no-fault insurance laws, drivers are required to carry PIP (Personal Injury Protection) insurance which can cover medical expenses and lost wages after an accident, regardless of who was at fault. However, PIP is generally limited to physical injuries and does not compensate for pain and suffering, emotional distress, or psychological conditions like PTSD.
Because you are likely unable to pursue compensation for PTSD through your own insurance provider, you may be able to collect damages through an insurance claim or lawsuit against the negligent driver.
How Can I Pursue Compensation for My PTSD?
To seek compensation for PTSD after a car accident in New Jersey, you must meet specific legal criteria. You may be required to prove that your PTSD falls under the serious injury threshold before filing a lawsuit or claim. If you were diagnosed by a licensed mental health professional and can prove that your condition significantly impacts your life this criterion can be checked off.
You must also be able to establish that your PTSD was directly caused by the car accident. To do so, obtain expert testimony from a mental health professional who can connect the development of your symptoms with the traumatic accident.
It is also important to demonstrate how your condition affects your daily life. This can include evidence of how your PTSD interferes with work, relationships, your personal well-being, etc. Because proving PTSD and collecting compensation can be complex, it is highly recommended that you work with an experienced personal injury attorney. Reach out to a skilled lawyer today to learn how they can help your case.
