An individual may develop post-traumatic stress disorder (PTSD) after directly experiencing or witnessing first-hand a serious accident. So it is not abnormal if, in the immediate time following your car crash, a licensed psychiatrist or mental health professional diagnoses you with this psychiatric disorder. Since you would have otherwise never received this mental health diagnosis, you may wonder if you can hold the negligent party of your crash liable for it via a personal injury claim. Well, for this, please read on to discover how much you can potentially recover after your PTSD diagnosis and how a seasoned St. Mary’s County car accident lawyer at The Dorsey Law Firm can fight for a fair and just amount on your behalf.
Can I recover financial compensation for PTSD after a car accident event?
Under Maryland civil law, plaintiffs of personal injury claims are permitted to seek financial compensation for both economic and non-economic damages from the defendant. In short, non-economic damages are considered to be intangible, subjective losses arising directly from an accident event. The most common examples include pain and suffering, emotional distress, and loss of enjoyment of life. So, you may cite your PTSD as a form of pain and suffering in your claim proceedings.
With this, you may argue that this non-economic damage has also caused you to incur economic damages. For example, the cost of your recurrent therapy sessions with a licensed psychiatrist or mental health professional may be expensive. You may also have to pay out-of-pocket for your prescription medications. In an extreme scenario, you may have to pay for a ridesharing or car service to drive you to and from your therapy sessions if your PTSD inhibits you from getting behind the wheel of your motor vehicle temporarily.
What factors might influence the amount I can recover from my PTSD?
To reiterate, your PTSD may be considered a non-economic damage that is intangible and subjective. Therefore, it may be more difficult to prove how much financial compensation you rightfully deserve. And your payout may be dependent on the severity of your PTSD.
For instance, the court may consider your PTSD to be a mild case if it has only caused you recurrent nightmares that make it difficult for you to sleep at nighttime. However, your PTSD may be drastic enough that it has you avoid reminders of your accident like being the driver or passenger in a motor vehicle; this may in turn affect your employment status, your familial relationships, your quality of life, and much more.
Importantly, though, even if your PTSD is severe, you may be barred from recovering anything at all if you were majorly or minorly at fault for your accident. This is because Maryland follows a strict contributory negligence law. It holds that even if you are found only one percent responsible for the event, you may be unable to assume the role of a plaintiff in a personal injury claim, without exception.
All of this to say, the time to act is now. Please pick up the phone or message us at The Dorsey Law Firm. Surely, a competent St. Mary’s County auto accident lawyer on our team will be the perfect fit for your upcoming legal case.
