Any person who sustains injuries in a vehicle accident caused by the careless or negligent actions of another driver should be able to recover compensation for their losses. When most people think of vehicle accidents, they think of traumatic injuries such as broken or dislocated bones, concussions, spinal cord injuries, etc. However, crash victims can also sustain various types of emotional and psychological traumas, including symptoms of post-traumatic stress disorder (PTSD). Here, our local car accident lawyers want to discuss how you can go about obtaining compensation for PTSD after a car accident in Illinois.
Will You Get PTSD After a Vehicle Accident in Illinois?
Post-traumatic stress disorder (PTSD) is a mental condition caused or triggered by certain types of traumatic events a person experiences. This can include an individual actually experiencing a traumatic event or even witnessing a traumatic event. There are various types of symptoms associated with PTSD, including:
- Intrusive memories or flashbacks related to the incident
- Negative changes in mood or thinking
- Changes in normal emotional reactions
- Avoidance behaviors
Data available from the National Institute of Mental Health (NIMH) indicates that 39.2% of all motor vehicle accident survivors develop symptoms of PTSD. When we consider that there are usually around 312,000 crashes each year across the state of Illinois, it is safe to say that many individuals in Illinois develop PTSD as a result of crashes. Looking further into data provided by the Illinois Department of Transportation, we can see that more than 9,685 individuals sustained suspected serious injuries as a result of vehicle accidents during the latest reporting year across the state.
Proving PTSD After a Vehicle Crash
Proving PTSD after a vehicle accident in Illinois can be challenging. There are no direct bills or receipts associated with these types of injuries, but individuals can prove pain and suffering types of damages in a variety of ways, including:
- Seeking mental health treatment from a psychologist or psychiatrist
- Keeping a daily journal or diary that documents emotional and psychological experiences after the crash
- Testimony from friends or family members who could speak to how the incident has affected the individual
- Personal testimony from the individual experiencing symptoms of PTSD
In general, we will see that insurance carriers and personal injury juries are more likely to award compensation for pain and suffering after incidents that cause severe injuries. A skilled personal injury lawyer in Illinois will be able to handle every aspect of these claims. They will fully investigate the incident, determine liability, and work with trusted medical and economic professionals to properly calculate total expected losses.
PTSD Under the Non-Economic Damage Umbrella
Individuals who experience post-traumatic stress disorder after a vehicle accident in Illinois should be able to recover compensation for their losses. Any individual harmed in a car accident will have medical bills and various types of pain and suffering losses. PTSD will fall under the non-economic, or pain and suffering, umbrella when it comes to compensation.
Properly calculating non-economic losses after a vehicle accident can present challenges, but an attorney will typically use a multiplier method to do so. This means that they will add up all the economic expenses, including medical bills, lost income, property damage expenses, and out-of-pocket expenses, and then multiply this total by a set number (usually a number ranging from 1.5 to 5). For example, if an individual sustains $150,000 worth of economic damages, an attorney could use a multiplier of three to reach a non-economic total of $450,000. This would bring the total requested compensation to $600,000.