Road rage can turn a routine drive into a frightening and traumatic experience. When road rage plays a part in a car accident, the consequences can be both physical and psychological. In some cases, long-lasting psychological effects such as post-traumatic stress disorder (PTSD) can appear in victims and significantly impact their daily life. If you’ve developed PTSD due to an accident, then you might wonder if there is a way to claim compensation for the emotional harm you have suffered. Yes, there are ways you can get compensation for PTSD, and as your car accident lawyer in NYC, we want to help you understand your options.
How is PTSD classified in damages?
The compensation an injured victim receives as part of their settlement can be a mix of economic and non-economic damages. Economic damages account for the losses that have a set financial value. These include things like medical expenses and lost income. On the other hand, non-economic damages represent all the losses a person suffers that do not have a set financial value. The quantification of non-economic damages is done on a case-by-case basis. PTSD and other types of emotional distress are considered non-economic damages.
Can you claim compensation for PTSD under insurance?
When you’ve been injured in a car accident in New York, insurance is your first point of compensation. If you’re injured, you can call on your Personal Injury Protection (PIP) coverage to cover your medical expenses, lost income, and other connected expenses. However, keep in mind that the PIP coverage only covers economic damages. Since PTSD is a type of non-economic damage, your insurance coverage will not account for or specifically exclude coverage. That being the case, you will not be able to claim compensation for PTSD in a road rage accident via insurance.
Can you claim compensation for PTSD via a lawsuit?
Since insurance does not cover non-economic damages, you will have to file a personal injury lawsuit to account for the non-economic damages you have suffered, including PTSD. However, you can’t just go around filing personal injury lawsuits in New York. First, you have to prove that you have suffered a “serious injury” that is defined in New York Insurance Law or that the basic economic damages you’ve suffered exceed $50,000.
Once you satisfy either one of these requirements, you can file a personal injury lawsuit and calculate PTSD and other non-economic losses when you’re calculating the final value. Keep in mind that this lawsuit must be filed within three (03) years of the date of the accident. If you miss this deadline, you will lose the right to claim compensation.
What do you need to prove PTSD?
Since PTSD is a medical condition, you need strong medical evidence to back up your claim. Medical evidence such as a doctor’s diagnosis, medication prescriptions, records of therapy sessions, expert testimony, and testimony from close friends and family members can be used by your accident lawyer in New York to present a compelling case that increases your chances of walking away with a favorable settlement.
Conclusion
Car accidents, especially accidents involving road rage, can leave a lasting impression. While the physical wounds heal, the psychological scars may remain. If you’re suffering from PTSD and don’t know what to do next, then speaking with an experienced accident lawyer in New York can help clear things up. If you’re looking for an attorney that is compassionate, understands your struggles, and will do everything in their power to help you get the compensation you deserve, then Gabriel Law is the firm for you. Contact us today and arrange a free and confidential consultation with our team.
