Is your recent car accident always on your mind? Is it starting to affect your life and not in a good way? Maybe you’re finding it impossible to fall asleep or your moods are simply all over the place. One minute you’re happy and the next second you’re inexplicably depressed.
Did you know these are a few of the common signs of PTSD after a car accident? You may also be able to claim your PTSD symptoms on your personal injury claim. If you’re experiencing post-traumatic stress symptoms, they may count as non-economic damages.
What is PTSD (Post Traumatic Stress Disorder)?
When you think of PTSD, military members tend to come to mind. However, anyone can experience PTSD after a traumatic event. This can include being in a car accident, even a minor one can trigger PTSD symptoms.
The emotional distress can be severe and impact just about every aspect of your life. When this happens, accident victims can often claim the emotional trauma as non-economic damage in their personal injury claim. As long as you can show that the car collision causes your PTSD, you should be able to recover at least some compensation.
Common Signs of PTSD After a Vehicle Accident
Car accidents are stressful and more than your physical health can be impacted. Some common signs of PTSD can include but aren’t always limited to the following:
- Intrusive/disturbing memories
- Nightmares or sleep disturbances
- Avoiding triggers or talking about the accident
- Hypervigilance
- Mood swings or emotional detachment
- Feelings of guilt or shame
- Difficulty concentrating
- Irritability or angry outbursts
- Physical symptoms
- Anxiety or depression
If you’re experiencing any of these symptoms, it may be time to speak to a mental health professional. Your mental well-being is just as important as your physical health.
How To Calculate PTSD in a Car Accident Claim
Figuring out the value of your economic damages like medical expenses is pretty easy. Grab a calculator, your bills, and receipts, and start adding everything up. Don’t forget about your property repair or replacement estimates. These are economic damages you don’t want to ignore.
When it comes to calculating your non-economic damages like PTSD, you can’t reference any bills or receipts. These types of losses are intangible but still have value. So, keep your calculator handy, you’re probably going to need it to figure out the value of your pain and suffering.
You have two options for calculating non-economic damages. You can use the multiplier or per diem method. Both are accepted by insurance companies, but the multiplier method is generally preferred. Your accident attorney may want to use both methods. This way, if the insurance adjuster turns down the claim total using the per diem method, you’re ready with a counteroffer.
Using the Multiplier Method
The multiplier method is generally preferred by insurance companies simply because the value is usually lower compared to the per diem solution. You start by assigning a number between 1.5 and 5 to represent the degree of pain you experienced.
The higher the number, the greater your pain. However, you and your attorney can’t pick a random number out of the air. This also means you can’t automatically assign your level of pain a 5 simply to increase your claim’s value.
How do you assign your level of pain a number? Your attorney and possibly the insurance adjuster usually consider the following factors:
- The type and severity of your injuries. A fracture will receive a higher number compared to a minor contusion.
- Are your injuries preventing you from returning to work?
- Will you require ongoing medical treatment like rehabilitation therapy or a lifetime of care?
- What is the timeline for your recovery?
You should also consider how your injuries may impact your relationships with others. Will you be able to fully participate in their lives or are your injuries preventing you from fully enjoying life?
Generally, to assign a higher number like a four or five to your pain and suffering, your injuries are usually considered traumatic like disfigurement or paralysis. A traumatic brain injury (TBI) can also be considered a catastrophic injury.
Okay, so you’ve assigned a number to your PTSD symptoms. Now, you need the total of your economic damages. Multiply this total by the number assigned to your pain and suffering. This figure represents the value of your non-economic damages.
Using the Per Diem Method
The per diem method doesn’t take the entire value of your economic damages, instead, it looks at your average daily wage. If you’re only bringing in the average minimum daily pay rate, the insurance company may not mind settling a claim using the per diem method. However, if your salary is up there on the top tier, you may be better off using the multiplier method.
Once again, insurance companies always prefer paying out lower claim values. Trying to reach a settlement using the per diem method may leave your claim stuck in negotiations.
So, using the per diem method you count the number of days you experienced pain and suffering. You take this number and multiply it by your average daily pay rate. The total represents the value of your non-economic damages. Your formula will look like this if you experienced PTSD for 15 days and your average daily salary is $1,000:
15 (number of days you experience pain) x $1,000 (average daily pay) = $15,000. This is the total of your non-economic damages.
You May Be Able to Recover Compensation for Your PTSD Symptoms
If you feel like you’re not being adequately compensated for your PTSD, you’re not out of legal options. You can file a lawsuit against the at-fault driver. This is a lawsuit against the driver and not the insurance company. However, receiving compensation isn’t guaranteed even if your lawsuit is successful. If the defendant doesn’t have the available funds, they can’t pay your award.
If you’re ready to start calculating your PTSD damages, it’s a good idea to partner with a personal injury accident attorney. Your attorney can help you navigate the process, and ensure you receive fair compensation for your non-economic damages.
MindOwl Founder – My own struggles in life have led me to this path of understanding the human condition. I graduated with a bachelor’s degree in philosophy before completing a master’s degree in psychology at Regent’s University London. I then completed a postgraduate diploma in philosophical counselling before being trained in ACT (Acceptance and commitment therapy).
I’ve spent the last eight years studying the encounter of meditative practices with modern psychology.