Yes, you can sue for post-traumatic stress disorder (PTSD) in addition to your car accident injuries. However, it is challenging to sue for PTSD symptoms alone after a car accident since you must prove that you incurred related but necessary out-of-pocket expenses. Speak with a car accident injury attorney for advice to determine what legal options are available for your specific situation.
In this article, a New Mexico car accident lawyer discusses the legal issues surrounding injury claims and PTSD, including case value, evidence, and essential deadlines.
Can You Sue for Mental Anguish with No Injuries After a Car Accident?
You cannot file a non-economic damages claim without economic or special damages. It is challenging to obtain compensation for mental anguish alone after a car accident without physical injuries. Mental anguish settlements fall under non-economic or general damages, while physical injury claims for medical bills fall under economic or special damages.
Typical car accident injuries that could cause PTSD may include:
- Burn injuries
- Compound bone fractures
- Concussions
- Facial injuries
- Internal bleeding and organ damage
- Paralysis and spinal cord damage
- Severed appendages
- Traumatic brain injuries (TBIs)
- Whiplash
- And more
The most severe car accidents generally cause physical injuries, even so-called “minor” ones, such as concussions and whiplash. Seek immediate medical attention after a car accident, even if you do not think you are injured. Not receiving prompt medical care can prevent you from filing a claim per the relevant insurance policy and state laws.
Related: What Happens to the Brain After a Car Accident?
How Much Compensation Is Available for PTSD After a Car Accident?
Compensation for PTSD is challenging to estimate without legal advice since each case is unique. In general, the more severe and debilitating the injury and resulting mental anguish, the higher a mental anguish award could theoretically be. Insurance companies and courts consider how much you had to pay out-of-pocket, evidence, and expert opinion when awarding non-economic damages.
Download Now: The New Mexico Car Accident Injury Handbook
PTSD After a Car Accident Is a Global Issue
Post-traumatic stress disorder (PTSD) is a prevalent psychiatric disorder in people who experience a traumatic event, such as a car accident. A 2018 Medicine® study concluded that more than 50 million people worldwide have PTSD after a road traffic accident (RTA).
Three factors affecting the risk of developing PTSD after a New Mexico car accident include:
- Factor 1. Level of injury suffered
- Factor 2. Severity of the accident circumstances
- Factor 3. Victim’s past medical history
It is not always possible to diagnose PTSD immediately following a vehicle accident, as it can take time to develop. Ensure that you work closely with physicians licensed through the New Mexico Medical Board and follow the aftercare plan they have created for you.
What Evidence Do You Need to Prove PTSD After a Car Accident Injury?
The evidence needed to prove PTSD after a car accident depends upon the facts of your case. Evidence must be admissible and meet specific criteria.
Examples of evidence needed to prove PTSD after a car accident injury include:
- Personal journals
- Medical notes
- Accident reports
- Police reports
- Depositions
- Expert opinion
- Eyewitness accounts
The cost of mental health care can exceed the cost of your physical injuries, and insurance companies will do what they can to mitigate their losses. Instead of fighting with them alone, hire a New Mexico car accident injury lawyer to avoid making legal mistakes.
Note About Hiring Injury Lawyers: If an accident caused physical and mental harm, lawyers might take cases on contingency fees, meaning that you owe no money upfront for representation. This option allows you to focus on your recovery while having a professional navigating the legal complexities to negotiate a fair settlement.
How Long Do You Have to Sue for PTSD After Car Accident Injuries in New Mexico?
In New Mexico, you have up to three (3) years from the date of your injury or family member’s death to sue for car accident injuries and PTSD per NMSA § 37-1-8. Missing this deadline will result in a forfeiture of your rights to file a claim. Depending upon the parties involved, other notifications deadlines could apply that are much shorter, which means it is vital to discuss your situation with a car accident lawyer as soon as possible.
Related: What Is the Statute of Limitations for a Car Accident in New Mexico?
Were You Injured in a Car Accident and Suffer From PTSD?
You have legal rights to a fair settlement or civil court award after a car accident caused injuries and PTSD. Grano Law Offices, P.C. can get you the legal help you want and deserve. Call Grano Law Offices, P.C. for a Free Case Evaluation now at (505) 426-8711 or message Marc A. Grano, founder and Las Vegas, NM car accident lawyer, via the contact form below.
