Post-traumatic stress disorder (PTSD) is a mental health condition that can develop after a person experiences or witnesses a traumatic event. Car accidents, as well as other types of accidents, can be traumatic and may lead to PTSD. If you have been involved in an accident and have developed PTSD as a result, you may wonder whether you can sue for compensation. In this article, we will discuss the legal basis for suing for PTSD after an accident and the factors to consider when pursuing a lawsuit.
Understanding PTSD
PTSD is a mental health condition that is characterized by symptoms such as flashbacks, nightmares, anxiety, and depression. These symptoms can be triggered by reminders of the traumatic event, and they can significantly impact a person’s ability to function in their daily life. PTSD can be caused by a variety of traumatic events, including accidents, military combat, and sexual assault.
Treatment for PTSD typically involves therapy and medication. Therapy can help a person learn coping mechanisms for dealing with their symptoms, while medication can help alleviate symptoms such as anxiety and depression.
Legal Basis for Suing for PTSD After an Accident
If you have developed PTSD as a result of an accident, you may be able to sue for compensation for symptoms that are related to PTSD.
Generally, if you suffer a physical injury due to someone’s negligence, you can bring claims for your own personal injury as well as the mental anguish and emotional distress you experience as a result. The legal claims for emotional distress and mental anguish may encompass the symptoms suffered because of PTSD. However, there is not a stand alone claim for PTSD. Moreoever, a physical personal injury is a prerequisite for mental anguish and emotional distress claims involving negligence.
Texas law does also recognize the tort of intentional infliction of emotional distress occurs when someone intentionally causes severe emotional distress to another person. If a person intentionally or recklessly engages in extreme or outrageous conduct that causes severe emotional distress – a legal claim for intentional infliction may exist.
Finally, Texas law also allows for “bystander” claims related to a personal injury of a loved one. A personal injury victim’s family members have a “bystander” claim for mental anguish and emotional distress if they witnessed a traumatic accident first hand. Under Texas law, those family members can bring their own bystander claim for mental anguish & emotional distress separately from the injured victim’s claims.
PTSD can have a significant impact on a person’s life, and if you have developed PTSD as a result of an accident where you suffered a physical injury, you may be entitled to compensation. Additionally, if you have PTSD from witnessing the injury of a family member, you may have what is called a bystander claim under Texas law. It is essential to work with a personal injury lawyer who has experience in handling these types of cases and to consider the factors involved in suing for compensation.
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