Motor vehicle accidents frequently cause physical injuries. According to our analysis of 2023 auto accidents in Texas — based on data from the Texas Department of Transportation (TxDOT) — there were 558,007 reportable crashes in Texas in 2023 causing almost 19 thousand serious injuries. But these statistics rarely show the significant psychological impact that can occur — and it can be just as harmful.
In one study of road traffic accident survivors, 22.25% experienced post-traumatic stress disorder (PTSD), with over 50 million individuals worldwide suffering trauma after a car accident each year.
But what impact does PTSD have on car accident settlements? Can you recover compensation for this devastating — yet often invisible — injury?
McAllen and San Antonio personal injury attorney Dr. Louis Patino and his legal team explore the impact of PTSD after an auto accident and its impact on personal injury settlements.
What Is PTSD?
Post-Traumatic Stress Disorder is a psychological disorder consisting of bouts of intermittent or persistent anxiety, depression, and panic attacks that often follow a traumatic event that threatens one’s safety, life, or integrity.
PTSD is frequently associated with veterans or victims of assaults or other serious crimes, such as burglary, but a car accident is no less traumatic.
PTSD can cause debilitating symptoms, including:
- Nightmares or flashbacks of the accident
- Avoiding places, people, or activities that remind you of your trauma
- Persistent guilt, shame, or fear
- Loss of interest in activities you used to enjoy
- Being easily startled or constantly on edge
- Having trouble concentrating
- Insomnia
- Chronic fatigue, which may be exacerbated by having difficulty sleeping
- Feeling detached or withdrawn from others
- Depression
- Severe driving anxiety, preventing you from being in or around vehicles
- Mood swings and outbursts.
Many of these symptoms can have a compounding or knock-on effect on other areas of an accident victim’s life. For example, emotional numbness, irritability, or anger can negatively affect your intimate relationships or make you withdraw from social activities.
It is a common misconception that PTSD after a car accident affects only drivers. However, anyone can experience a trauma response, including passengers or bystanders who have witnessed the crash or its aftermath.
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Co-occurring Conditions Linked to PTSD after a Car Accident
Other injuries or conditions often accompany PTSD. These related conditions are called co-occurring conditions, and while they can exist independently of PTSD — for example, millions of individuals are impacted by depression or substance abuse without experiencing trauma — around 80% of people with PTSD also have other mental health diagnoses.
Co-occurring conditions impacting people with PTSD after a car accident include:
- Suicidal thoughts
- Drug and alcohol abuse
- Depression
- Anxiety
- Social phobia
- Obsessive-Compulsive Disorder (OCD)
- Agoraphobia
- Panic disorder.
Research suggests that almost half of people with PTSD also have a substance use disorder. These individuals are more likely to turn to drugs or alcohol to numb their pain and cope with intrusive thoughts and feelings.
What Are the Best Ways to Cope with PTSD?
Trauma survivors often face debilitating symptoms that affect their mental health, physical well-being, and lifestyle. They are particularly susceptible to poor coping habits because of the isolation and decreased sense of worth often brought on by PTSD.
As a result, people with PTSD must develop healthy coping mechanisms. Developing positive ways of dealing with PTSD symptoms can prevent the onset of co-occurring conditions such as anxiety, depression, and substance abuse.
Socializing
Socializing is an excellent start to coping with PTSD. Since it frequently leads to feelings of isolation, openly discussing your PTSD with family, close friends, and others you trust can reduce or even eliminate feelings of loneliness. It may be daunting to discuss your PTSD symptoms, but expressing this vulnerability can have immense benefits.
Friends and family members can support you by helping reduce triggers that cause PTSD symptoms to heighten. They might also help you address PTSD symptoms as they arise and plan events and activities to keep you occupied.
Support Groups
Another excellent method for coping with PTSD resulting from a car accident is to take part in a local support group. Support groups discuss shared difficulties and struggles. This unique coping method helps you to feel understood, as you can relate to and form unique bonds with individuals who have survived similar situations.
If you don’t feel comfortable meeting with people face-to-face, there are virtual options available. Seeking the support of others in a professional setting is a significant step toward healing.
Self-Care
Self-care is a powerful coping mechanism. Self-care is any deliberate activity prioritizing your emotional, mental, and physical well-being. You can and should tailor self-care activities to your needs.
Examples of self-care include:
- Mindfulness activities and training: Examples include meditation and yoga.
- Exercise: Whether cardio or weight training, exercise helps regulate mood and emotions by releasing dopamine and serotonin in your brain. You should consult a physician before changing your exercise regimen, especially if you have physical injuries from your accident.
- Keeping a journal: Exploring your emotions via journaling can be challenging, but re-approaching an accident that brought on your PTSD can help you reconnect with people or places you might otherwise want to avoid.
- Picking up a craft or hobby.
Professional Help
A licensed therapist or psychologist can help you develop individualized methods for coping with PTSD. Professional help is similar to attending a support group, except you work with a therapist or psychologist one-on-one in a safe and peaceful space.
Working with a dedicated therapist or psychologist is better than switching healthcare providers. It allows you to develop a relationship founded on trust so you can speak openly and get the maximum benefit from your sessions.
Therapy can be expensive, but an experienced car accident lawyer can help you recoup the money you spent and help you pay for any ongoing treatment you may need after a negligent driver caused the accident that hurt you.
What to Do If You Suffer PTSD after a Car Accident
If you suffer PTSD after a car accident caused by another person or party’s negligence, you are entitled to compensation in a personal injury claim. A car accident injury lawyer can help you recover your losses — from medical bills for therapy and treating physical injuries to the wages you’ve lost from being unable to work — by negotiating a settlement with the at-fault party’s insurance company. If settlement negotiations fail, your attorney can file a lawsuit and pursue a judgment in court.
However, the steps you take immediately after your accident and when you first experience PTSD symptoms can impact your settlement and overall entitlement to compensation.
If you have PTSD symptoms after a car accident, taking the following steps can maximize your chances of a favorable outcome.
Get Medical Help
A professional PTSD diagnosis will support your claim when your car accident lawyer begins settlement negotiations or files a lawsuit because it provides evidence of your condition.
But what if your PTSD symptoms do not start until months after your crash? This is a typical scenario, as post-traumatic stress disorder rarely happens immediately — the name itself suggests it occurs after trauma. This is why you must also seek medical treatment immediately after your accident, even if you feel okay.
Taking this step allows you to begin treatment for any hidden injuries — such as brain trauma — and documents that your accident occurred and that you sought medical assistance. If you do not take this step, the insurance company for the person responsible for your accident may argue your PTSD symptoms did not occur because of the accident or that your condition is not as bad as you are claiming because you did not seek medical attention.
Record Your Symptoms
Whether you’re attending a deposition, interviewing a potential car accident lawyer to represent you, or speaking to your doctor, it can be challenging to remember every symptom you’ve experienced, when you experienced it, and how much of an impact it had on your daily routine.
Keeping a record of your symptoms allows you to monitor your condition over time and provides a powerful piece of evidence for your claim to demonstrate how your PTSD affects your life. Consider documenting the following in a pain journal:
- Difficulty concentrating
- Loss of time at work due to increased medical and psychological issues
- Personality changes
- Physical manifestations of PTSD, such as tense muscles, upset stomach, and fatigue
- Trouble doing ordinary tasks.
Seek an Experienced Car Accident Lawyer
Our knowledgeable Texas car accident injury lawyer can help you secure the justice and compensation you deserve after your car accident. We have significant experience securing settlements for PTSD after a car accident, and we can explain your legal options, identify who is liable for your accident, tell you how much compensation you could receive in a claim, and more.
One of the core roles a personal injury lawyer plays is helping gather evidence to prove your case. However, you can assist your attorney by documenting or keeping hold of:
- Medical records
- Photos of the accident scene and injuries you received
- Logs of any mileage and time traveled for medical treatments.
- Logs of time missed from work
- Receipts related to expenses resulting from the accident and onset of PTSD, such as:
- Medical and psychiatric bills, prescription pills, and transportation to and from medical or psychiatric appointments.
- Childcare or household care costs resulting from your inability to take on tasks you could do before your accident.
You can get compensation for the costs associated with these financial losses. Keep all documentation and records relating to the accident and give them to your car accident injury lawyer. These logs are essential in calculating the total compensation you deserve.
How PTSD Might Affect Your Car Accident Settlement Amount
Accident victims can recover their actual losses incurred because of someone else’s negligence. These are the tangible costs you can prove with bills and receipts, such as medical treatment, vehicle damage, and lost wages.
But you’re also entitled to recover non-economic damages. In a car accident, non-economic damages compensate accident victims for non-monetary damages and injuries, including:
- Pain and suffering
- Loss of consortium
- Emotional or mental pain or anguish
- Loss of enjoyment.
And it’s this category where accident victims can recover substantial compensation for post-traumatic stress disorder.
Non-economic damages are typically calculated by applying a multiplier to your total economic damages (your tangible losses).
The more your injuries affect your life, the higher the multiplier used. For example, if your PTSD symptoms prevent you from leaving your home, causing your personal relationships to deteriorate, a car accident lawyer could negotiate a substantial settlement for the long-term impact of your PTSD on your life.
When Should I Contact a Car Accident Injury Lawyer for PTSD?
Contact a car accident lawyer as soon as possible after a car crash. If you don’t bring your claim within the personal injury statute of limitations — two years in Texas — you cannot sue the driver who caused the accident. An experienced car accident injury lawyer can help you navigate these complex legal processes before the deadline expires.
When you have PTSD from a car accident, you never want to settle without understanding the severity of the damages the driver caused you. You must present the full picture of how the driver’s actions affected you and caused your PTSD.
Contact the expert San Antonio and McAllen car accident injury lawyers at Patino Law Firm to discuss your case and take the next steps to receive the compensation you deserve. We offer a free, no-obligation case review so you can see if you have a case, get legal advice, and explore your next steps. Se habla Español, and you don’t pay any legal fees until we win.
