Not only can you get PTSD from a car accident, but automobile crashes are actually the leading cause of PTSD in the general population, impacting approximately one third of all crash victims.
Understanding the signs of PTSD, seeking treatment options if you have it, and knowing your legal rights is crucial. An experienced car accident lawyer who specializes in this area of law can help you protect your rights and fight to get you the No-Fault benefits as well as damages for pain and suffering and excess economic money damages that you deserve.
What is PTSD?
According to the Mayo Clinic, PTSD is “a mental health condition that’s caused by an extremely stressful or terrifying event — either being part of it or witnessing it. Symptoms may include flashbacks, nightmares, severe anxiety and uncontrollable thoughts about the event.”
How often do crash victims get PTSD?
PTSD is one of the most common symptoms after a car accident, impacting approximately one third of all crash victims.
In fact, the American Psychological Association, in a news release about a book it published on the importance of getting psychological treatment after a car crash, noted that motor vehicle accidents “are considered the leading cause of [PTSD] in the general population and car accidents are the number one trauma for men and the second most frequent trauma for women.”
A study published by the National Library of Medicine reported that “road traffic accidents” are “the leading cause of PTSD in the general population.” Study results showed that crash “survivors reported substantial rates of PTSD (32.3%).”
What should I do if I have PTSD after a crash?
If you are experiencing symptoms of PTSD after a crash, you should take the following action:
- Seek medical help immediately – Early evaluation helps rule out life-threatening injuries and ensures PTSD is properly diagnosed, treated, and documented.
- Don’t try to “tough it out” – PTSD is a serious mental health condition that can worsen if ignored. Even if symptoms seem minor at first, they can escalate. Don’t delay treatment.
- Get diagnostic testing & referrals – To receive effective treatment, your doctor must understand the root cause of your symptoms. He or she can also provide referrals to mental health specialists as needed.
- Document everything early – Early medical records create a clear link between the crash and your condition. This is critical for insurance claims and can help prevent denials of coverage. It also strengthens any future legal claim you may file.
- Notify your insurance company – Include your PTSD diagnosis in your application for no-fault benefits. In many states, like Michigan, this must be submitted within one year of the crash (see MCL 500.3145(1) and (4)).
- Don’t sign anything without legal advice – Do not sign any settlements, releases, or waivers from any insurance company without first consulting an attorney. You could unintentionally waive your right to compensation.
- Speak to an experienced car accident attorney – The right lawyer will help you understand your rights, deal with insurance companies, ensure your bills are paid, and evaluate whether you’re entitled to compensation for pain and suffering, medical costs, or lost wages.
Can I sue for PTSD after a crash?
If you’ve developed PTSD from a crash in Michigan, you may be able to file a lawsuit for:
- Unpaid no-fault benefits – If your insurance company denies or cuts off benefits, you can sue for overdue medical bills, lost wages, attendant care, replacement services, and medical mileage.
- Pain and suffering compensation – To sue for pain and suffering, you must prove the other driver was at fault and that your PTSD qualifies as a “serious impairment of body function” under Michigan law.
- Excess economic damages – You may also sue the at-fault driver for excess medical expenses and lost income not covered by your no-fault insurance.
How to find the best lawyer for my case?
You’ve probably seen the TV ads with lawyers claiming to be “the best” for your case, delivered with fast talk and flashy production. But many of these attorneys are more interested in signing you up quickly, only to pass your case off to someone else or add you to a long waiting list.
Don’t be swayed by marketing hype, and don’t make the process more complicated than it needs to be.
The smartest way to find the right lawyer for your crash case is to do your homework. Ask a trusted friend, family member, or lawyer you know for a referral. You can also research attorneys online.
No matter how you start your search, there are the 5 key questions you should ask before hiring an attorney, including:
- How many car accident cases has the lawyer handled?
- Does he or she specialize in this area of law?
- How many million-dollar settlements and verdicts has the lawyer won?
- What is his or her reputation for going to trial if the insurance company doesn’t make a fair settlement offer?
- How does the lawyer treat clients? Does he or she return calls promptly?
Remember, the right lawyer can make all the difference in whether your settlement reflects the full value of your case and how long you have to wait to get your settlement. Take your search seriously and make sure the attorney you choose does, too.