Suing For PTSD After A New Mexico Car Crash
When someone is injured in a car crash, they may be entitled to recover financial compensation for their damages. In some cases, a crash victim may be eligible to regain damages related to emotional injuries, including post-traumatic stress disorder after a collision. If the mental health injury did not render the person incapacitated, they will be required to file a lawsuit within the statute of limitations provided by the state.
It isn’t terribly common, but in serious crashes involving loss of life, severe injuries, and extensive property damage, it is possible that victims may suffer from PTSD after an accident. However, establishing a personal injury case related to a PTSD diagnosis can prove difficult. Mental health injuries are not readily apparent, unlike broken bones, lacerations, bumps, and bruises resulting from an accident.
When pursuing a claim for PTSD following a car crash, a plaintiff is required to show that a qualified physician accurately diagnosed them with PTSD and that the diagnosis is at least partly attributable to the collision. To accomplish this successfully, it is highly recommended that the plaintiff enlists the aid of an expert medical witness to provide testimony.
Despite the claims made by a medical expert, other problems could arise if the crash was only a minor fender-bender, or there are other tragic accidents in the plaintiff’s past. Previous diagnoses for PTSD may also impact the claim. Even if the diagnosis is attributable to the collision, a flare-up of symptoms could still prove relevant. Essentially, it can be argued that a crash crash worsened a victim’s condition of PTSD.
Settling Too Early
A particular issue with car crash claims involving PTSD is the timing of the settlement. In many cases, injured parties will settle their cases within six months to a year after the time of the accident without ever filing a civil suit. PTSD can commonly go undiagnosed for months, even longer if the crash victim does not have a proper support system. Sadly, in most states, once a person settles a claim, they are unable to reopen the case, unless in rare circumstances such as fraud. Usually, an unknown injury will not qualify to reopen a case that has already been resolved.
If you have been injured in a car crash, you should reach out to a qualified New Mexico personal injury attorney to discuss your case.
New Mexico Car Accidents
Being involved in a car crash is almost always a frustrating and difficult experience. The resulting injuries can be severe and disrupt a victim’s life, sometimes for many years after. There are more than 40,000 reported collisions in the state of New Mexico each year.
Injured parties should team up with a qualified New Mexico car crash lawyer to discuss their case. The legal team at Will Ferguson & Associates has the experience you need to make sure your right to compensation is secured. Contact our law offices today at (505) 243-5566 if you have been unfairly injured in a car accident.