Post-traumatic stress disorder (PTSD) is a common consequence of severe car accidents. As part of your non-economic damages, you may be able to sue for PTSD if your injuries are serious enough.
Because of New York’s no-fault rules for auto accidents, you may only sue for non-economic damages, including PTSD, if you have sustained a “serious injury” or incurred a “basic economic loss.” When reviewing your case, our lawyers can determine whether you can sue and, if so, for how much compensation, not just damages for PTSD.
For a free case review from Basch, Keegan & Spada, call our New York car accident attorneys at (845) 303-2748.
Can You Always Sue for PTSD After a New York Car Accident?
New York is a no-fault state for car accidents, meaning victims cannot automatically sue for PTSD and other non-economic damages, and must first prove that their injuries are serious enough to warrant such compensation.
When Can You Sue for PTSD After a Car Accident in New York?
You must either pass the serious injury threshold or incur a basic economic loss to sue for PTSD and other non-economic damages from a car accident.
You Pass the Serious Injury Threshold
You can sue for PTSD after a car accident if you pass New York’s serious injury threshold. The following are all considered “serious” injuries and are deserving of non-economic damages:
- Death
- Dismemberment
- Significant disfigurement
- Fractures
- Miscarriage
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
You Incur a Basic Economic Loss
If you did not sustain a serious injury but incurred a basic economic loss of $50,000, the mandatory minimum amount of coverage drivers need for no-fault insurance, you can sue for non-economic damages, including damages from PTSD.
How Long Do You Have to Sue for PTSD After a Car Accident?
You have 2 years to sue for PTSD and other damages after a car accident in New York. If you fail to file your case by the deadline, you cannot recover any compensation.
What Medical Records Do You Need to Sue for PTSD After a Car Accident?
We need medical records that prove the severity of your injuries, such as emergency room notes, triage reports, surgical reports, doctors’ notes, diagnostic imaging test results, lab test results, and more.
We also need medical records showing the ongoing treatment you are receiving for a serious injury associated with the accident and your PTSD.
What Psychiatric Records Do You Need to Sue for PTSD After a Car Accident?
We may also use psychiatric records to prove you received a clinical diagnosis of post-traumatic stress disorder after a traumatizing car accident in New York.
Do You Have to Testify to Get PTSD Damages for a Car Accident?
Victims don’t always have to testify to get damages for PTSD and other non-economic harms to recover them. However, a victim’s testimony is typically very valuable, and we may encourage you to testify to benefit your case.
How Can an Expert Witness Help You Get Damages for PTSD After a Car Accident?
Expert witnesses, particularly mental health experts, can help your case by testifying about the many consequences of post-traumatic stress disorder and the long-term effects it can have on victims.
What Are Common Side Effects of PTSD After Car Accidents?
PTSD can have a major impact on your life after a car accident, with common side effects including vivid flashbacks, intrusive thoughts, nightmares, issues sleeping, depression, and more.
How Common Is PTSD After Car Accidents in New York?
Victims often develop PTSD after particularly traumatizing car accidents, such as rollover, jackknife, head-on, T-bone, and fatal accidents. That does not mean a victim cannot develop PTSD from less serious collisions, such as rear-end accidents.
Can You Sue for PTSD if You Share Fault for a New York Car Accident?
In New York, you can still sue and recover non-economic damages for PTSD, even if you share fault for a car accident. Your recovery is not barred completely; it is reduced to reflect your contribution to the crash.
Can You Sue for Future Damages from PTSD After a Car Accident?
Post-traumatic stress disorder can be a lifelong condition. You should factor future damages from PTSD and other intangible harms into your total damages and seek them in a lawsuit, even if you have not technically incurred such damages yet.
Do You Need a Lawyer to Get Compensation for PTSD After a Car Accident?
You need a lawyer to fight for your fair compensation for PTSD and other non-economic damages after a car accident.
Can You Get Enough Damages for PTSD from a Car Accident Settlement?
You may be able to get enough compensation for PTSD after a car accident by settling your case, but this typically takes time and requires some patience from plaintiffs as our New York car accident attorneys negotiate.
Will You Get More Compensation for PTSD if You Go to Court?
When a car accident lawsuit goes to court, a jury decides liability and awards compensation. Juries sometimes award more damages for PTSD and other non-economic harms than defendants would ever offer to give in settlements.
How Do You Calculate Damages from PTSD for New York Car Accident Lawsuits?
There are two popular methods for calculating non-economic damages, including those from PTSD: the multiplier method and the per diem method.
Multiplier Method
Using the multiplier method, we will select a multiplier between 1.5 and 5 and multiply it by all of the economic damages you have incurred.
Per Diem Method
The per diem method works by assigning a daily rate to a victim’s PTSD and other non-economic damages, and then multiplying that rate by the number of days you expect to incur non-economic damages.
Call Our New York Lawyers After Your Car Accident
Call Basch, Keegan & Spada’s New York car accident attorneys at (845) 303-2748 for a free case analysis.