Can You Sue for PTSD After a Car Accident in Georgia and South Carolina?
If you’re experiencing post-traumatic stress disorder (PTSD) after a car accident, you may be able to recover compensation for it under Georgia and South Carolina law. However, proving PTSD can be a challenge—so it’s crucial to work with an experienced personal injury lawyer like ours at M. Austin Jackson Attorney at Law.
Not all car accident injuries are visible. These accidents can be life-altering, leaving behind both physical injuries and deep emotional scars. For many car accident victims in or near Augusta, PTSD is a painful burden that lingers long after the accident.
At M. Austin Jackson, we’ve helped our neighbors recover compensation for PTSD following their accident. Both Georgia and South Carolina recognize PTSD claims from car accidents. Read on to learn more about recovering compensation for PTSD, or reach out to our team today for a free consultation.
Understanding PTSD from Car Accidents
It’s normal to feel shaken up after a car accident. For some people, the emotional impact becomes so severe that it interferes with their daily life. In the U.S., motor vehicle accidents are the leading cause of PTSD among civilians. The sudden, violent nature of the crash can overwhelm a person’s ability to cope, which triggers a prolonged stress response.
So how do you know if you’re experiencing PTSD or normal post-accident anxiety? Simply put, PTSD symptoms are more severe and take longer to resolve. In the weeks and months following their accident, those suffering from PTSD experience persistent, often debilitating, symptoms:
- Vivid flashbacks, nightmares, and intrusive thoughts
- Avoidance behaviors, like refusing to drive or ride in a car
- Negative thoughts and depression
- Physical symptoms including muscle tension, fatigue, and stomach upset
- Hypervigilance, irritability, and difficulty concentrating
If you’re experiencing PTSD after an accident, know you’re not alone. PTSD impacts many accident survivors, with estimates ranging from 8% to 40%, and it is a treatable medical condition. We recommend that, in addition to speaking with a lawyer, you consult with a medical professional as soon as possible to begin the path to healing.
Types of Compensation Available for PTSD
Knowing the types of PTSD compensation you may be entitled to can help you begin rebuilding your life. You can claim both economic and non-economic damages in Georgia and South Carolina, but there are some relevant differences in each state’s approach to PTSD compensation.
Let’s start by distinguishing economic and non-economic damages.
- Economic damages cover the tangible financial losses associated with PTSD. This includes therapy, medical costs, lost wages, and diminished earning potential.
- Non-economic damages address the more subjective and intangible impacts of PTSD. For example, you may experience emotional distress and lose interest in activities you once loved.
Through the eyes of the insurance company, PTSD claims are more difficult to quantify. This is because psychological injuries are less obvious than cuts and broken bones. Insurance adjusters often need extensive documentation to confirm the diagnosis and link it to the car accident.
Unfortunately, many insurers blame pre-existing conditions or unrelated events for causing PTSD. This is where things can get complicated and knowing your state’s law is important. Under Georgia law, you can’t recover compensation for PTSD without a physical injury. But in South Carolina, you can pursue compensation even if you suffer no physical injuries in the accident.
Proving PTSD in a Car Accident Claim
The most efficient way to validate your claim is to provide proof. Even if you have the right to pursue compensation for PTSD, you still need evidence illustrating the extent of your condition.
Medical Documentation
PTSD claims rely heavily on professional diagnoses, detailed treatment records, and expert testimony. You’ll need a formal diagnosis from a qualified mental health professional like a psychiatrist, psychologist, or licensed therapist. A professional can conduct evaluations and use standardized tools like the Clinician-Administered PTSD Scale (CAPS) or PTSD Checklist (PCL-5) to assess your condition.
The diagnosis must also align with the criteria outlined in the DSM-5 (Diagnostic and Statistical Manual of Mental Disorders). This includes symptoms like flashbacks, trauma-related thoughts or feelings, and hypervigilance lasting longer than one month.
Medical records are foundational to proving your claim. These records should include:
- Diagnosis reports: Pulled from mental health evaluations
- Treatment records: Notes from therapy sessions and a list of prescribed medications
- Impact on daily life: Evidence of how PTSD has affected your ability to work, maintain relationships, or enjoy daily activities
- Police reports and accident details: Supporting the link between the crash and your condition
Supporting Evidence
Supporting evidence is also valuable to your claim. It can help paint a more detailed picture of how PTSD has changed your life following the accident.
Statements from family members, friends, or colleagues are powerful testimonies. The people who know you best can attest to any changes in behavior and demeanor since the accident. They can speak to instances of anxiety or panic attacks, withdrawal from social activities or hobbies, and difficulties maintaining relationships.
You can also use documentation from your workplace or school to show how PTSD has affected your performance and attendance. Records of missed work days or classes, performance reviews showing a decline after the accident, and correspondence about your struggles are all tangible evidence.
Finally, personal documentation offers a first-hand look into your struggles. You can supply journal entries describing your symptoms and experiences as evidence, along with logs of nightmares or flashbacks.
Common Challenges in PTSD Claims
Nothing is more frustrating than having an insurer contest your claim. Unfortunately, in PTSD cases, claim disputes are common. Psychological injuries can be viewed as subjective, and it’s more difficult to prove their severity and connection to the accident.
Here are some of the strategies insurers use to dispute or undervalue claims:
- Downplaying psychological injuries: An insurer may argue that the PTSD is less severe than you claim and that it doesn’t significantly impact your daily life.
- Disputing causation: They may challenge whether the car accident caused your PTSD. This often happens if victims have a history of mental health issues and if they suffered no physical injuries.
- Delaying claims: By delaying the process, insurers may attempt to frustrate you into accepting a lower settlement.
- Lowball offers: Insurers may present quick, low settlements before you seek legal advice and understand the extent of your condition.
How can you avoid having your claim disputed? Get medical care immediately following your accident. This will ensure health professionals document your PTSD symptoms early. It also provides a clear timeline linking your condition to the accident.
Regardless of whether you have a pre-existing mental health condition, medical evidence can show how the accident made your condition worse or caused new symptoms.
What Factors Affect My PTSD Settlement Amount?
Many people want to know how much they’ll recover from a PTSD settlement. That amount depends on multiple factors and varies from case to case.
The first of those factors is the severity of your symptoms. Mild symptoms that resolve within a year usually result in lower payouts. More severe, long-term symptoms requiring extensive treatment can lead to higher compensation.
The extent to which PTSD impacts your daily life is another factor. Some people struggle to maintain relationships, work, or engage in activities. The greater the disruption to your daily life, the higher the potential settlement.
Insurers also consider medical documentation. Diagnosis reports from mental health professionals, therapy records, and evidence of prescribed medications strengthen your claim. This documentation can also counter the insurer’s attempts to minimize your psychological injuries.
Current and future treatment costs should contribute to your settlement value. While therapy sessions often range from $100 to $200 per session, the combined costs of medications and inpatient programs can cost upwards of $10,000. Future costs are harder to predict. But with expert testimony from healthcare providers, insurers can better estimate your future expenses.
Severe PTSD can make it impossible to work, leading to significant income loss for you and your family. To show this financial impact, it’s important to document missed workdays and any reduction in your earning capacity. Employment records and testimony from your employer can be valuable evidence.
The Legal Process for PTSD Claims
From filing your claim to receiving a settlement, the PTSD claims process is complex. Georgia residents have two years from the date of the accident to file a claim, while South Carolina residents have three years.
Despite some variation, the claims process typically involves these steps.
Step 1: Initial consultation
You’ll meet with an attorney to discuss your case and determine if you have a valid claim.
Step 2: File a claim
Your attorney will file a claim with the insurance company.
Step 3: Gather evidence
Your attorney and our staff will collect medical records, accident reports, witness statements, and employment records to show the impact of your PTSD. Involving medical professionals early in the process is important for formalizing your PTSD diagnosis, documenting symptoms, and connecting the accident to your PTSD.
Step 4: Submit a demand letter
Your attorney will send a demand letter to the insurance company outlining your case and requested compensation.
Step 5: Negotiation
Your insurance company will usually start with a low initial offer. Your attorney can then respond with a higher counteroffer with supporting evidence. Several rounds of offers and counteroffers may occur before both parties reach a final agreement.
Step 6: Settlement or Lawsuit Filing
If all parties agree to a fair settlement, the insurance company issues a settlement check. If negotiations stall, your attorney may file a lawsuit to protect your rights.
Let’s say your case goes to trial. Your attorney will present your case, submitting evidence and providing expert testimony. The jury will then decide on liability and damages.
How M. Austin Jackson Handles PTSD Claims
Our firm takes a compassionate, client-first approach to PTSD cases stemming from car accidents. We know psychological trauma can be just as debilitating as physical injuries. As your local Augusta attorney, we have a personal stake in helping you return to the life you love.
Our approach begins with listening—truly hearing your story without judgment. Every client’s experience is unique, so we’re committed to giving you the care and attention you deserve.
When we take on your case, we immediately begin documenting the symptoms and impact of your PTSD. Our firm has connections to area mental health professionals who help us build a strong case and maximize your recovery. Together, we show a clear link between your life-altering accident and the resulting PTSD, quantifying the challenges you face so you can receive a fair settlement.
Ready to receive help? Contact M. Austin Jackson for compassionate, expert legal guidance every step of the way.
Frequently Asked Questions
How long after an accident can PTSD develop?
For many, symptoms begin within the first three months of the accident. But in some cases, PTSD may not appear until months or even a year later. Delayed onset is common as victims process the trauma or encounter triggers that bring back memories of the accident.
Can I claim PTSD without physical injuries?
In Georgia, PTSD claims are only valid if physical injuries accompany your psychological injuries. In South Carolina, you can claim PTSD even if you are physically unharmed in a car accident. However, there are strict criteria for making such a PTSD claim: for example, you must be in close proximity to the accident and be closely related to a victim who does suffer significant physical harm in the accident (among other requirements).
If you have questions about your PTSD claim, it’s best to discuss them with an experienced car accident attorney.
What if I had anxiety before the accident?
Pre-existing anxiety doesn’t automatically disqualify your claim. If the accident worsened your pre-existing anxiety, you can get compensated for that aggravation. You’ll need to prove the severity of your anxiety before the accident and how it worsened after, contributing to your PTSD.
How long will my PTSD case take?
Many PTSD cases are settled within a year from the date of filing— however, cases can take longer if symptoms are more severe and if parties need more time to gather documents and work through the litigation process. Furthermore, insurance carriers will do their best to delay matters. A good attorney can help head off delays, however.
Does insurance cover PTSD treatment?
Yes. Liability insurance typically covers mental injuries like PTSD. However, insurance companies scrutinize PTSD claims more closely than physical injury claims. Getting a formal diagnosis and working with an experienced attorney increase the likelihood that your insurer will cover treatment.
Can family members sue for PTSD from witnessing an accident?
In certain cases, family members can sue for PTSD if they witness an auto accident. But, states have different rules on bystander claims.
In Georgia, that family member must also suffer a physical injury. In extremely rare cases, you may be able to make a claim based on intentional infliction of emotional distress (IIED) even if you weren’t physically harmed, but the requirements are strict and difficult to meet. A personal injury lawyer can help you understand the strongest legal approach based on the facts of your case.
South Carolina law does allow bystander claims of negligent infliction of emotional distress (NIED), but these claims are complex and hard to prove. To pursue a claim based on NIED, each of these criteria must be met:
- The negligence of the defendant caused death or serious injury to another (the victim).
- The bystander was in close proximity to the accident.
- The bystander must be closely related to the victim.
- The bystander must perceive the accident as it happens.
- The bystander’s emotional distress must manifest as physical symptoms that can be objectively diagnosed and testified to.
Again, if you have questions about your PTSD claim, get in touch with a team of experienced car accident lawyers like ours at M. Austin Jackson, and we’ll help you understand your legal options and choose the best course of action!
M. Austin Jackson has more than a decade of experience helping his neighbors in Georgia and South Carolina receive justice and fair compensation after an injury. An Augusta native, Austin is honored to serve this wonderful community, and he prides himself on providing friendly, personal legal guidance for folks in the middle of a hard time.
