How To Prove PTSD After a Las Vegas Car Accident

Understanding PTSD and Car Accidents

After any traumatic event, it’s possible to develop PTSD. This is a type of anxiety disorder that can occur to anyone, though there are risk factors that can make its development more likely.

This includes:

• Being female.
• Having a prior history of trauma.
• Being a member of a marginalized group.
• Being an immigrant.

PTSD can emerge after any event that threatens your safety. It may not begin immediately after the accident, however, which is one of the more challenging aspects of the condition. Months can go by before the symptoms start.

Common PTSD Symptoms After a Car Accident

After being in a car accident, you may experience a few symptoms that can point to PTSD.

Negative Changes in Thinking and Mood

PTSD can cause you to have distorted, persistent, and distressing patterns of thought. These impact your mood.

Some of the most common changes in thinking and mood include:

• Ongoing feelings of fear, guilt, anger, or shame.
• Negative thoughts about yourself and the world.
• Detachment from family and friends.
• Not being able to feel positive emotions.
• Lack of interest in favorite activities.
• Emotional numbness.

These changes in your thought patterns can be worse if you isolate, which is what people with PTSD tend to do. It’s also possible to have memory problems that cause significant distress.

Hyperarousal Symptoms

PTSD keeps you in a constant state of “fight or flight.” This is hyperarousal, which is made up of a collection of symptoms. You may find yourself constantly on the alert, which can mean being startled more easily and having a constant rapid heart rate. It’s also possible to suffer from insomnia, be irritable, or have outbursts of anger.

Diagnostic Criteria: How PTSD Is Officially Diagnosed

Before you can learn how to handle a fear of driving or PTSD, you need an official diagnosis. A psychologist can determine that you have PTSD if you have gone through a traumatic experience and have experienced symptoms for at least a month.

The symptoms must fit into the four main categories, which are intrusive thoughts, avoidance, changes in thinking patterns and mood, and hyperarousal.

The symptoms must affect your ability to function in work and social settings. They must also be distressing enough to impact your quality of life.

Critical Evidence Needed To Prove PTSD in Court

To prove PTSD, car accident claim attorneys rely on numerous types of evidence.

Medical Records

It’s necessary to obtain an official diagnosis from a mental health professional. A self-diagnosis will not hold up in front of insurance companies or in court. The mental health expert must show that you are suffering from the four categories of PTSD symptoms.

Personal Documentation

You will need to provide documentation on how PTSD has impacted your work life. This can include changes to your attendance, evidence that the quality of your work has suffered, or if you were terminated, information on the connection between this action and your symptoms.

You can also rely on diaries or journals to show how PTSD has affected your social life. Have you lost relationships because of this condition? Documenting this is important.

Corroborating Witness Statements

It’s helpful to have statements from people in your life who have noticed the changes in your behavior and personality. Coworkers can share the issues you may have at work as well.

Accident Documentation

You can rely on police reports, eyewitness statements, and photos or videos from the accident. This is why gathering and preserving evidence from the scene is so essential.

Building Causation: Linking PTSD to the Accident

To be able to file a claim for PTSD, you will need to establish causation. This means proving that the disorder is the direct result of the crash. You can expect insurance companies to state that previous traumatic experiences or other circumstances caused the PTSD, and it didn’t result from the accident.

One of the most important things you can do to build causation is to get immediate medical and mental health assistance. This begins a “paper trail” that connects the event to the condition. It’s also helpful to provide before-and-after evidence, such as changes to your work quality after the accident.

Treatment Consistency: The Key to Credibility

To have a chance to obtain the compensation you need, you must demonstrate that you are getting the consistent treatment the condition demands. Beginning therapy as soon as you’re diagnosed and keeping up with your appointments is essential. If you don’t consistently attend treatment, you can be seen as malingering.

Expert Testimony: Strengthening Your PTSD Claim

When dealing with any type of car accident claim, you need to have expert testimony. This is particularly the case when the injuries are not immediately visible.

Having corroborating testimonies from mental health professionals goes a long way toward establishing that you’re suffering from PTSD. They will also be able to better explain the condition to a jury if that is necessary.

Common Insurer Tactics To Deny PTSD Claims

Insurance companies often try to minimize claims that deal with mental health concerns. If your symptoms started weeks or months after the accident, these companies will attempt to prove that another incident caused the development of the PTSD, not the crash.

They may also state that there’s a lack of objective evidence. Since PTSD can’t be captured on imaging studies or blood tests, they can attempt to avoid paying because of this lack of evidence. They may also scour through your social media to look for anything that shows you are malingering.

Additionally, they may request excessive documentation to establish that you have PTSD. This is a delay tactic that they may rely on to push you to accept a lower offer than you deserve.

Compensation Available for PTSD After a Car Accident

PTSD car accident compensation includes economic damages. These will cover your medical expenses, including all the future therapy sessions you may need to heal. If you can’t return to work, or you can do so in a diminished capacity, you can receive compensation for your lost wages.

Non-economic damages address your pain and suffering. If you’re struggling to enjoy your life as you used to before the collision, you can receive compensation for that, too.

Nevada Statute of Limitations for PTSD Claims

In Nevada, the statute of limitations for car accident claims, including those involving PTSD cases, is two years. You should never wait that long to begin, however, because evidence might no longer be available.

How a Car Accident Attorney Helps PTSD Claims

If you have developed PTSD after a car accident, it’s vital that you have legal assistance as you pursue a claim.

At Adam S. Kutner, Injury Attorneys, our Las Vegas car accident attorneys offer the comprehensive guidance you deserve as you navigate these cases. We will investigate the accident and gather vital evidence to establish what you’ve suffered.

We know how insurance companies operate, which is why we’re always ready to counter any disputes they have. If necessary, we have experience taking cases to court and fighting for our clients’ rights in front of a jury.

Contact us at Adam S. Kutner, Injury Attorneys, to schedule a free consultation.