When you think of personal injury cases, you might picture broken bones, whiplash, or surgery. However, for many accident victims, the most devastating types of injuries are not visible – they’re psychological. PTSD can develop after a traumatic event, and its effects can last for years. If you’re struggling with PTSD after a terrifying incident, you may be able to recover compensation through a personal injury claim or lawsuit in New Jersey. To learn more and obtain the help of a skilled legal professional, continue reading and contact a knowledgeable Bergen County injury lawyer today.
What is PTSD?
PTSD (post-traumatic stress disorder) is a mental health disorder that can develop after someone experiences or witnesses a traumatic event. While generally associated with individuals who were on the battlefield or lived through a natural disaster, PTSD often affects those who experienced personal injury accidents like car crashes, falls, animal attacks, assault, or work-related injuries.
According to the National Institute of Mental Health, symptoms of PTSD usually begin within 3 months of the traumatic event and can include flashbacks to the incident, recurring memories or nightmares, distressing intrusive thoughts, panic attacks, mood changes, avoidant behavior, and emotional withdrawal.
Can I Recover Compensation for PTSD in My NJ Personal Injury Case?
New Jersey personal injury law recognizes that mental and emotional harm are legitimate and compensable injuries. PTSD can cause measurable losses, both economic and non-economic. For example, individuals who suffer from this condition often have difficulty returning to work, driving, and participating in normal daily activities. They may require expensive therapy and other treatment, as well as experience a loss of enjoyment of life, among other things. The financial losses associated with PTSD can be covered in economic damages.
However, PTSD is considered a form of emotional distress that falls under the umbrella of non-economic damages like pain and suffering or mental anguish. While you can be reimbursed for the financial losses associated with this disorder, you can also be compensated for the way it has impacted your mental health and ability to live your life.
How Can I Prove PTSD in My Case?
While you can recover compensation for your PTSD, you must be able to prove that it was caused by the other party’s negligence. In order to do so, you must establish that the defendant owed you a duty of care, breached that duty, that the duty caused your accident and injury, and that you suffered actual damages, like the development of PTSD.
Unlike physical injuries, PTSD isn’t visible, which makes documentation and expert support crucial. Present compelling evidence in your case, including:
- Medical and psychiatric records
- Expert testimony from mental health professionals
- Personal journals showing your struggles and progress
- Witness statements from friends, family, colleagues, and employers
- Employment records showing missed work or reduced performance
If you can demonstrate that your PTSD was directly caused by the defendant, you can be awarded compensation. Reach out to a skilled attorney for more information today.
