Post Traumatic Stress Disorder Lawsuits
If you have been in a situation, caused by a third party, that results in the development of post traumatic stress disorder, you may be at a loss as to what actions can be taken to receive medical treatment. It is a common misconception that only combat veterans are afflicted with post traumatic stress disorder. However, post traumatic stress disorder can develop in anyone who has been involved in a traumatic experience. This can be anything from a car accident, personal assault, rape or natural disaster.
Are certain people more susceptible to developing post traumatic stress disorder?
There are many factors that play into the development of post traumatic stress disorder. One of theses factors is genetics.Because post traumatic stress disorder is really a form of a psychiatric condition, it can be hard to prove that there is a specific person or acute cause for the condition. Unfortunately, insurances and workers compensation laws often prohibit the use of these benefits for post traumatic stress disorder treatment. There are ways to get help, but they may require legal action through a personal injury lawsuit against the person or entity that you believe is responsible.
How to go about filing a personal injury lawsuit for post traumatic stress disorder
The first step in the legal process is to find yourself a reputable lawyer who has experience in this type of case. The key to receiving a judgement that is in your favor is proof and documentation, so you need someone who knows all of the ins and outs of the appropriate legal processes. If your diagnosis is due to the reckless or negligent actions of someone, this can quickly turn into a he said-she said battle without good documentation of the incident. Having a witness to the event can prove to be very helpful in this situation.
Professional witnesses may be called to testify on your condition as well, including psychiatrists and medical doctors. This is all in an effort to prove that you do, indeed, suffer with post traumatic stress disorder. Without proof, you do not stand much of a chance of a favorable outcome to your lawsuit. Your lawyer will, of course, advise you in how to go about winning your case, but the biggest factor in validating your claims is the ability to prove causation. If you can not prove that your post traumatic stress disorder is the direct result of a situation caused by the defendant, you case will be weak.
What compensation can be expected from a post traumatic stress disorder lawsuit?
Your lawyer will be best suited to tell you what exactly you stand to gain in a post traumatic stress disorder case. I am not a lawyer, so do not take this a fact, but generally damages are rewarded as a means to pay for medical treatments. If your case is so severe that you are unable to work for some period of time, it is possible that you could be awarded compensation for living expences for a short period of time as well. If, however, you are so severely traumatized that you may never return to work, you might have to turn to disability services such as social security benefits for extended periods of receiving benefits.