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Recovering Damages For Unseen Mental Injuries

Our client was driving with his family when a reckless driver hit them. He sustained physical injuries and got treatment for it but he also had psychological injuries that didn’t seem to get better. He had flashbacks about the crash and nightmares. He had difficulty talking about the crash which would cause panic attacks, putting him in the hospital. Eventually, a psychologist confirmed he suffered from Post Traumatic Stress Disorder or PTSD. 

A victim can start battling PTSD after exposure to actual or threatened death, serious injury, or sexual violence. (See Diagnostic and Statistical Manual for Mental Disorders V). Some people may assume that is a mental health issue that only veterans and first responders face. Although they do, car and other accident victims can experience it also.

What Does PTSD Look Like?

PTSD is not new, and human beings have dealt with it throughout history. In the 1800s, it was referred to as battle exhaustion. World War I veterans were said to be “shell shocked,” and servicemembers faced “combat fatigue” in World War II. As we have already stated, PTSD is not limited to veterans but has been witnessed and studied primarily because of them. It has been explored in books such as Catch-22 and Slaughterhouse-Five. Notably, Kurt Vonnegut, the author of Slaughterhouse-Five, served in the US Army from 1943 to 1945. He was in the Battle of the Bulge and was a prisoner of war which influenced his later writing.

People typically equate PTSD to having nightmares and “flashbacks,” but these are two symptoms of several. When people mention flashbacks, it is another way of saying that the person is being forced to relive the traumatic event(s) that initiated their symptoms. But you could experience neither and still have very debilitating PTSD. Here are other ways PTSD can express itself:

  • Being constantly irritable and angry
  • Experiencing memory loss (not remembering conversations you had that day)
  • Developing pessimistic thoughts about the world and the things around you
  • Loss of interest in the things and activities you enjoyed the most
  • Wanting to be alone more frequently and choosing to self-isolate

How Does PTSD Impact Your Case?

The signs and symptoms of PTSD may take time to develop. Many people may not be able to recognize it in themselves. It’s simply tough to know it when you’re immersed in it. Discussing these issues with your doctor and listening to your closest friends and family when they tell you they sense a change in you is essential. 

The key is to get the right psychological and psychiatric help. The doctors will properly make a diagnosis, provide treatment, and discuss what will be required in the future. They will create a report that can be used in the case and they can testify to the jury about what the victim is going through. For this reason, it is important to see the right medical professionals who can explain the diagnosis of PTSD and the harm it is causing to the victim.

Mental health issues such as PTSD need to be accounted for in any settlement discussions. Having the right medical professionals is not only necessary for treatment, but their opinion will be vital for obtaining an appropriate settlement. 

Get In Touch with a Personal Injury Attorney 

At Howell, LLP, we are accustomed to handling car accidents, assaults, and brain injuries. Regardless of the type of accident, we are prepared to represent you and all of the injuries you sustained—including PTSD. Contact Howell, LLP, today to schedule your free consultation

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