Traumatic events often leave lasting scars, not all of which are visible. Generally, personal injury lawsuits bring to mind physical wounds and financial losses; however, the psychological impact of an accident can be just as debilitating. Post-Traumatic Stress Disorder (PTSD) is a severe mental health condition that can arise after experiencing or witnessing a particularly terrifying event. But when pursuing a personal injury claim in Florida, does the law recognize and compensate for this invisible injury? Please continue reading as we explore whether you can seek compensation for the emotional trauma you have endured, and how our dedicated Bradenton Personal Injury Lawyers can help you fight for the justice you deserve.
What is Post-Traumatic Stress Disorder (PTSD)?
Post-Traumatic Stress Disorder (PTSD) is commonly associated with military service or instances of violent trauma; however, it can also develop following a serious accident, including vehicle collisions, assaults, or workplace injuries. For many residents of Florida, the emotional impact stemming from a traumatic event persists long after the physical injuries have healed. Under Florida personal injury law, individuals affected by such experiences possess the right to pursue compensation for psychological injuries resulting from these traumatic events.
PTSD is a mental health condition that can occur in people who have experienced or witnessed a traumatic event. This psychological injury can cause significant distress and impairment in daily functioning. Common signs and symptoms of PTSD include:
- Anxiety
- Depression
- Flashbacks
- Negative changes in mood and cognition
- Avoidance of reminders of trauma
- Hyperarousal
- Difficulty sleeping (nightmares)
- Difficulty concentrating
Can I Recover Compensation for PTSD in a Personal Injury Lawsuit in Florida?
In a personal injury case, PTSD normally falls under what is known as non-economic damages, which covers subjective losses like pain and suffering, mental anguish, and loss of enjoyment of life. While economic damages are based on documented costs like medical bills and lost wages, non-economic damages are much harder to quantify. The monetary value of non-economic damages is typically determined based on the severity of the injury and its impact on a victim’s daily life.
For a successful claim in Florida, you must show that your PTSD diagnosis is directly linked to the negligent act that caused the underlying injury or trauma. Courts need clear and credible medical documentation and expert testimony. A licensed psychiatrist or psychologist can testify about the conditions, cause, duration, and impact on your ability to work or lead a normal life.
Proving the existence of PTSD and its direct ties to an accident can present legal challenges, despite its recognition as a mental health condition. Securing legal representation ensures your case is strategically developed. A skilled attorney at Becker & Lindauer, LLC, we will help you fight for the compensation you deserve and need to get your life back on track. Connect with our legal team today to schedule a consultation.
