Since post-traumatic stress disorder (PTSD) typically arises after a devastating event, it is no wonder that this diagnosis is fairly common among victims of car accidents. Without further ado, please follow along to find out whether you can pursue legal action after your PTSD diagnosis and how a proficient Panama City car accident attorney at Manuel & Thompson, PA can help you gather indestructible proof of your claims.
Can I sue an at-fault driver for PTSD after my car accident?
The state of Florida may be unique in that it only allows plaintiffs to sue for PTSD in a personal injury claim if they incurred physical injuries in association with it. Of note, this injury must be one of the following, or else it still may not count:
- You incurred a severe or permanent loss to an important bodily function.
- You incurred a permanent injury or significant or permanent disfigurement or scarring.
- You incurred life-threatening and subsequently life-ending physical injuries.
In other words, the Florida civil court hearing your case may not entertain your argument for how PTSD has affected your ability to resume your daily activities as normal if you were able to walk away from the scene of your car accident unscathed or even with minor injuries. Rest assured, though, you may still be able to fight for financial compensation for your incurred economic damages, such as the damages to your motor vehicle and personal property.
What evidence is crucial to prove my PTSD diagnosis?
After establishing your incurred physical injuries, you must demonstrate that your experiencing PTSD is legitimate. That is, for the sake of your personal injury claim, there is a pivotal difference between simply being distraught after your car accident event and developing a psychiatric disorder like PTSD immediately afterward. And so, first things first, you must receive an official diagnosis from a licensed psychiatrist or therapist or otherwise a qualified mental health professional.
For this, you may ask this professional to provide a statement about the signs and symptoms you exhibit and why this has led them to diagnose you with this specific psychiatric disorder. They may also offer notes from your therapy sessions and records of the medications they have prescribed to you thus far. It may also help to ask your loved ones and employer to speak on your behalf. For one, your loved ones may cite how your new feelings of anxiety and constant mood swings have severed your once close relationships with all of them. Secondly, your employer may note your lack of concentration and declined cognition which have hindered your ability to execute work-related tasks effectively.
Lastly, you may go as far as to submit the personal journal you may have kept ever since your car accident event. Here, you may have recounted your unresolved feelings of anxiety and irritability, the intrusive thoughts and flashbacks you experience throughout the day, the nightmares you have at nighttime, your newfound fear of performing mundane, daily tasks, and more. This may all point to your very real emotional suffering with PTSD.
All of this to say, the time to act is now. Please pick up the phone or message us at Manuel & Thompson, PA. Surely, a talented Panama City auto accident attorney on our team will be the perfect fit for your upcoming legal case.
