In 2022, San Diego County witnessed more than 12,800 traffic accidents that led to 285 fatalities and 17,386 injuries. And sometimes these injuries don’t just result in physical scars, but have long-standing mental impacts too. Even though data shows that the percentage of concussions and broken bones is high, there exists a section of people suffering from PTSD and other emotional traumas. Growing awareness indicates that seeking legal counsel is necessary to receive the due compensation and justice.
PTSD followed by a car crash
PTSD is an established mental health disorder caused by a traumatic event, such as a serious car accident. Symptoms may consist of:
- intrusive memories
- flashbacks
- nightmares
- hypervigilance
- avoidance
- sleep issues
- emotional numbing
Research shows that PTSD is not uncommon in participants with hospitalization or severe crash status. Some estimates for prevalence in studies have suggested 20-33% in the aftermath of serious injury accidents. Hence, you need to get in touch with a San Diego car injury lawyer who can guide you through the legal process.
Legal grounds for PTSD claims in California
The lawyers who are pursuing PTSD claims in car crash lawsuits usually depend on the conventional personal injury torts. The vital legal theories comprise the following:
- Negligence
Fundamentally, the framework consists of duty of care, breach of duty, causation, and damages. If another driver is negligent (speeding, distracted, drunk, etc.) and that negligence causes physical or emotional injury, such as PTSD, then recovery could be established.
- Claims for emotional distress
Even if there is little or no bodily harm, emotional harm may still be compensable depending on the facts under certain circumstances. California has allowed both direct claims (the victim was harmed directly) and bystander claims (someone witnessed injury to someone with an intimate relationship) in limited situations.
- Causation evidence
For the claimant to prevail, he/she must establish that the PTSD (or psychological trauma) is causally linked to the crash. This usually requires a formal diagnosis by a qualified mental health professional, treatment records, a psychological evaluation, expert testimony, and sometimes corroborating testimony from family/friends.
How does a lawyer develop PTSD claims?
A car accident lawyer ensures that their clients consult an appropriate mental health professional early on to begin documenting their symptoms and receiving a diagnosis. So there are no gaps in treatment or documentation that may be utilized as a defense by the insurance company. Attorneys will collect medical documentation of therapy notes, psychiatric evaluations, and treatment records.
Attorneys will also ask an expert witness to provide testimony regarding how the PTSD symptomology has impacted the victim’s ability to work, relationships, and daily functioning. Attorneys will document visible injuries and be focused on proving damages that include therapy costs, lost wages, and non-economic damages, such as emotional distress and loss of enjoyment. To know more about this, you can check out HHJtrialattorneys.com/.
Finally, in California, the statute of limitations is often two years after the accident. However, lawyers may raise the “delayed discovery rule” in reference to PTSD cases. Here, they argue that the statute of limitations should begin when the PTSD symptoms present themselves or are diagnosed so that victims do not lose their rights to seek justice.
Final words
Car crashes in San Diego do much more harm than physical injuries and property damage. A huge section of people faces PTSD and other mental health issues that need deeper care and proper legal representation. This is where an expert car accident lawyer comes to help and develops a compelling case so that the victim gets the compensation they deserve.