Car accidents can be traumatic experiences that leave lasting physical and emotional scars. While many people focus on the visible injuries, the invisible wounds of Post-Traumatic Stress Disorder (PTSD) can be just as debilitating. If you’ve developed PTSD after a car accident caused by someone else’s negligence in Oklahoma, you may be entitled to compensation for your suffering.
Understanding Post-Traumatic Stress Disorder (PTSD)
PTSD
, as defined by the American Psychiatric Association, is a mental health condition that can develop after experiencing or witnessing a traumatic event, such as a severe car accident. Symptoms of PTSD may include:
- Intrusive memories or flashbacks of the accident
- Avoidance of reminders of the trauma
- Adverse changes in mood and thoughts
- Hyperarousal and reactivity
These symptoms can significantly impact a person’s daily life, affecting their ability to work, maintain relationships, and enjoy activities they once loved.
Proving PTSD in an Oklahoma Personal Injury Claim
To successfully claim compensation for PTSD in an Oklahoma personal injury case, you’ll need to provide evidence of your condition and its connection to the car accident. This may include:
- Medical records from mental health professionals diagnosing and treating your psychological injuries
- Personal journals or diaries detailing the emotional impact of the accident
- Testimonies from family, friends, or coworkers who have witnessed changes in your behavior and well-being
- Expert testimony from mental health professionals on the psychological impact of the accident
Legal Framework for Claiming Emotional Distress in Oklahoma
In Oklahoma, personal injury claims allow for both economic and non-economic damages. Economic damages include tangible losses such as property damage, medical expenses, and lost wages. Non-economic damages encompass intangible losses like pain, suffering, and emotional distress, including PTSD.
To claim emotional distress, you must demonstrate that:
- The defendant owed you a duty of care
- The defendant breached this duty
- The breach caused your emotional distress
Oklahoma law also has specific requirements for emotional distress claims:
- Direct Victim Requirement: Only direct victims of an accident or close relatives of a severely injured victim can claim emotional distress.
- Physical Injury Requirement: There must be a physical injury or tangible harm associated with the emotional distress claim, except in cases of intentional infliction.
Filing a PTSD Lawsuit in Oklahoma
To initiate a lawsuit for PTSD following a car accident, you’ll need to:
- File a petition in the appropriate court, outlining the statutes or rules involved, detailing the acts that justify relief, and specifying the type of relief sought.
- Serve the defendant with a copy of the petition and a summons, adhering to Oklahoma’s service requirements.
After the defendant responds, the case will enter the “discovery phase,” where both parties exchange relevant information and evidence. Pre-trial motions may follow, potentially resolving the case before trial. The case will proceed to trial, judgment, and possible appeals if unresolved.
Challenges in Pursuing Compensation for PTSD
Pursuing compensation for PTSD in a car accident case can be challenging. Insurance companies may be skeptical of PTSD claims, and the defense may argue that your symptoms are unrelated to the accident or that your condition is not severe enough to warrant compensation. The other common insurance tactic to reduce payments is to claim that the plaintiff was partially responsible for the wreck.
Oklahoma law allows for the admissibility of actual amounts paid for medical services rather than amounts billed (Section 3009.1 – Personal injury suits – Medical bills – Evidence), which can impact the calculation of damages. If your health insurance company paid for part of your medical bills, the jury will hear that amount instead of the total billed amount. Also, your health insurance company generally requires payment from any settlement or verdict.
Uninsured Motorist (UM) Coverage and PTSD Claims
If the at-fault driver in your accident was uninsured or underinsured, you may still be able to seek compensation through your Uninsured Motorist (UM) coverage. In Oklahoma, auto insurance policies must include UM coverage unless the insured rejects it in writing.
Damages Available in PTSD Car Accident Claims
If your PTSD car accident claim is successful, you may be entitled to various damages, including:
- Medical bills for therapy, medication, and PTSD treatment
- Lost wages if your PTSD prevents you from working
- Pain and suffering
- Reduced quality of life
The Importance of Seeking Help and Legal Representation
If you’re struggling with PTSD after a car accident, prioritizing your mental health and seeking support from professionals is crucial to your recovery. Don’t hesitate to reach out to mental health providers and support groups who can help you manage your symptoms and cope with the emotional impact of the accident.
Having an experienced personal injury attorney can make all the difference when pursuing legal action. At Hasbrook & Hasbrook, we understand your challenges and are committed to fighting for your rights and securing the compensation you deserve. Don’t suffer in silence. Contact Hasbrook & Hasbrook today at 405-605-2426 for a free consultation, or visit our contact page to learn more about how we can help you on your path to recovery and justice.
