You may have the right to sue for PTSD after a car accident in New York if you developed post-traumatic stress disorder as a result of the crash. While people often overlook the psychological effects of a crash, New York law recognizes and allows compensation for PTSD.
A car accident can be a profoundly traumatic event. You may suffer from flashbacks, nightmares, and severe anxiety that disrupts your daily life. At Chopra & Nocerino, we understand the unique challenges of pursuing these claims and are here to provide the comprehensive legal support you need.
- Post-traumatic stress disorder, or PTSD, is a common but overlooked effect of car accidents that can affect victims emotionally and financially.
- You may be eligible to seek compensation for PTSD after a car accident in New York if you meet certain legal requirements, such as the state’s serious injury threshold.
- Our attorneys can help you file an injury claim and pursue compensation for therapy expenses, lost wages, emotional distress, and other damages you suffer due to your PTSD.
What Is PTSD, and How Does It Relate to Car Accidents?
Post-traumatic stress disorder (PTSD) is a mental health condition that can develop after experiencing or witnessing a traumatic event, such as a serious car crash or pedestrian accident. People with PTSD after a car accident experience intense feelings and thoughts related to the event, lasting long after the initial trauma.
Common symptoms include experiencing flashbacks and nightmares, avoiding reminders of the event, and feeling emotionally numb or irritable. These symptoms can interfere with work, relationships, and daily activities. We recognize that PTSD is a hidden but very real injury and approach these cases with the compassion they deserve.
Can You Sue for PTSD in New York? Here’s What the Law Requires
You may be eligible to sue for PTSD after a car accident if your case meets these criteria:
- Causation: There must be a direct link between the car accident and the development of your PTSD.
- Professional diagnosis: You must have a formal diagnosis from a licensed mental health professional, such as a psychiatrist or psychologist.
- Serious injury: Under New York’s no-fault system, you may only file a car accident claim against the at-fault driver’s liability insurance if your economic damages exceed $50,000 or you suffered a “serious injury.” Psychological trauma, including PTSD, may meet the serious injury threshold if it prevents you from performing regular activities for at least 90 days in the first 180 days after the crash.
- Impact on daily life: You must prove that your PTSD substantially affects your ability to work, maintain relationships, or perform everyday tasks.
Meeting these requirements is essential to recover fair compensation. Our experienced New York car accident lawyers can prove these elements while you focus on healing and moving forward.
Proving PTSD After a Car Accident in New York
Proving PTSD in a legal setting is different from proving a visible physical injury. A car accident mental health claim in New York requires comprehensive documentation and testimony from qualified professionals.
We take an active, hands-on approach to building these complex claims. When you turn to our firm, we’ll work closely with you to gather every piece of relevant documentation. This may include medical records, therapy notes, diagnostic reports, and personal statements from you and your loved ones about how PTSD affects your daily life.
We may also collaborate with medical and psychological experts who can evaluate your condition and provide unbiased professional testimony about its cause, severity, and long-term impact.
By combining thorough documentation and expert insight, we can establish a clear connection between the accident and your PTSD. This allows us to make a stronger case for the full compensation you deserve.
What Damages Can You Recover in a PTSD Claim After a Car Accident in New York?
We can help you seek compensation for the full extent of the injuries and losses you’ve suffered as a result of your accident. Individuals who have PTSD due to a car crash in New York are often entitled to these damages:
- Medical and therapy expenses: Your compensation may include the past, current, and future costs of psychiatric care, therapy sessions, medications, and other treatments related to your PTSD.
- Lost wages and earning capacity: You may recover compensation for the income you’ve already lost because of your condition and any reduction in your ability to earn money in the future.
- Travel expenses for treatment: You may be reimbursed for the cost of traveling to and from mental health appointments or related medical care.
- Pain and suffering: This compensation reflects the emotional distress and reduced quality of life your PTSD has caused.
- Loss of enjoyment of life: You may seek damages for your PTSD’s impact on your ability to participate in activities you once enjoyed.
We’re prepared to calculate all your potential damages to determine your case’s worth. With that value in mind, we’ll seek comprehensive compensation that reflects how your mental health condition has impacted your life.
How Long Do You Have To File a PTSD Lawsuit After a Car Accident in New York?
New York has a three-year statute of limitations for personal injury claims, including most PTSD lawsuits stemming from car accidents. This legal deadline requires you to file a claim within three years of the crash.
While three years might sound like plenty of time, we encourage you to contact us as soon as possible after an accident. Quick action allows our attorneys to gather evidence while it’s fresh and spend more time building a strong case.
We're Ready To Help You Sue for PTSD
At Chopra & Nocerino, we empathize with the deep psychological trauma a car accident can cause. We’re ready to get to know you, understand how the crash has affected your life, and use that personal connection to seek the maximum compensation you deserve.
Our attorneys are real New Yorkers who stop at nothing to defend our clients and get their bills paid. Unlike other law firms, we don’t back down and are willing to go to court to fight for you. This approach has allowed us to recover substantial verdicts and settlements for our clients. If you or a loved one is experiencing mental health problems after a motor vehicle collision, contact us online or call 855-NYC-HURT today for a free consultation.
