DeShaw Law represents people living with Post-Traumatic Stress Disorder (PTSD) resulting from someone else’s negligence. Read on to learn how we can help.
Signs of emotional trauma are common after a traumatic event. Anyone who has experienced a catastrophic injury has an elevated risk of a condition called Post-Traumatic Stress Disorder (PTSD). This is particularly pertinent to survivors of auto accidents, truck accidents, traumatic brain injury (TBI), catastrophic injury, witnessing the death of a loved one, assault, sexual abuse, or similar incidents.
Do I have PTSD?
Only a medical professional or psychologist can diagnose you with PTSD. This article is not intended to replace the services of a doctor in evaluating and diagnosing PTSD and if you have signs or symptoms of the condition you should seek a PTSD doctor.
PTSD can be caused by a wide variety of serious traumatic events. Still, people with Post Traumatic Stress Disorder may experience similar symptoms: severe anxiety, panic attacks, flashbacks or intrusive thoughts of the traumatic event, nightmares, avoidance of the place where the incident occurred, avoidance of triggering events (such as driving avoidance or reluctance after a car crash), hyper-reactivity, cognitive deficits related to the incident or event, mood shifts, depression-related feelings, and loss of interest in activities. Talk to a doctor if you believe you are experiencing PTSD following a serious traumatic event.
Need a Lawyer for a PTSD legal case? Call DeShaw Law to discuss your case: (503) 227-1233.
PTSD: An Overview
Physical injuries are not the only type of injury you can sustain after an accident; mental and emotional injuries can follow in the wake of a traumatic event and lead to serious consequences that affect every facet of your life. Post-traumatic stress disorder (PTSD) is a psychological harm that can sometimes require years to overcome.
Post-Traumatic Stress Disorder, or PTSD, is often considered a "silent injury.” The effects of PTSD may not present for weeks or even months after the traumatic event. Some psychologists believe that PTSD fundamentally rewires the way our brains process information, which results in permanent and debilitating changes to a person's cognitive function. It can also cause changes in the neurotransmitters in your brain, causing repeated problems with additional triggers or stimulus. This debilitating mental health issue often renders sufferers unable to work, engage in relationships, and function normally when triggered.
PTSD Symptoms
The Mayo Clinic lists symptoms post-traumatic stress disorder as follows:
Intrusive Thoughts or Memories
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Intrusive thoughts of the incident
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Recurrent, distressing memories of the event
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Flashbacks (Reliving the event as though it were happening again)
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Nightmares
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Severe emotional distress
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Physical reactions
Avoidance
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Avoiding thinking about/processing the event
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Avoiding places, people or activities
Negative changes in thinking and mood
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Feeling negatively about yourself, other people and/or the world
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Hopelessness
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Lapses in memory, or misremembering elements of the event
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Struggle maintaining relationships and/or intimacy
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Feelings of detachment from family, friends, hobbies and/or interests
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Difficulty feeling positive emotions (happiness, joy, contentment)
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Emotional numbness
Changes in physical and emotional reactions
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Being easily startled or frightened
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Always being on guard for danger
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Self-destructive behavior, such as drinking too much or driving too fast
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Trouble sleeping
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Trouble concentrating
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Irritability, angry outbursts or aggressive behavior
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Overwhelming guilt or shame
Suing For Emotional Distress: How And When To Sue
If you are suffering from post-traumatic stress disorder as the result of someone else’s recklessness and/or negligence, you may be entitled to compensation for disability benefits, wage loss, medical expenses, and other costs associated with your PTSD condition. Your PTSD lawyer will need to prove liability (that another party was responsible) and damages (the economic losses and personal losses called "noneconomic damages" associated with your injury).
The viability of your PTSD case depends on three main factors:
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Liability: Another person, company or organization must have caused your PTSD as a result of careless, negligent, reckless or intentional actions;
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Causation: A specific traumatic event caused by another party was the cause of your PTSD;
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Damages: You must have suffered personal losses, as shown through by a medical diagnosis, and the testimony of friends, family or other witnesses who have seen the changes in you after the incident or event that caused the PTSD.
There are some limits on PTSD cases based on Oregon and Washington law. These can be discussed further with one of our lawyers based upon the facts of your case.
PTSD Cases Are Different From Other Cases.
Cases primarily involving PTSD can pose a challenge in the legal system. While physical injuries present an obvious issue—and, often, a straightforward recovery plan—Post-Traumatic Stress Disorder is more challenging to identify, diagnose and treat. Cases may rely on friends or family members’ testimony about the sufferer’s change in personality, mood or behavior, as well as expert witness testimony that corroborates the medical basis for these changes.
PTSD may also occur alongside a physical condition like an amputation or bone break. While the physical treatment may be straightforward, PTSD sufferers may have ongoing headaches, tingling, numbness, sleep disturbances, and mood swings: all signs of an ongoing emotional injury. This may affect their ability to drive, work, or even perform basic household activities. Ongoing emotional trauma can severely limit what a person is able to do. This is why PTSD is considered a psychological injury.
Despite this, medical research suggests that there is an increased risk of physical and cognitive conditions that result in permanent health consequences for PTSD. Just one of these is dementia. Research published in the British Journal of Psychiatry notes "This is the first meta-analysis quantifying the association of PTSD and risk of dementia showing that PTSD is a strong and potentially modifiable risk factor for all-cause dementia.”
An experienced PTSD lawyer will be familiar with the challenges associated with this case type. PTSD lawsuit settlements often depend on a combination of lay witnesses (family members, friends, neighbors, coworkers), and expert witnesses (doctors, mental health professionals, cognitive and behavioral therapists, and PTSD specialists). Your PTSD lawyer will coordinate a series of evaluations that determine the extent of your disability claim—while establishing liability that clearly names the culpable party.
Common Defense Challenges In PTSD Cases
There are many defenses used by the responsible party to try to escape personal and financial responsibility for your injuries. Here are a few of the ones that we commonly experience as PTSD lawyers:
Accusing you of malingering (“faking it”).
While most people have heard of PTSD, few people can fully appreciate the unique set of challenges it presents in a person’s life. Your insurance adjuster, and the party responsible for your PTSD may try to downplay this serious health condition as “not that bad.” They may even go so far as to say that you are faking your injury (also called “malingering”). If when you have been diagnosed with PTSD, the defense may wrongly accuse you of malingering. Our lawyers are nationally known for uncovering false claims of malingering used by defense psychologists, neuropsychologists and psychiatrists hired by insurance companies. Often this is done by using invalid psychological tests.
Challenging their liability.
Another deflective tool the defense will use is to suggest that your PTSD is the result of something besides the event their client caused. This can be everything from routine surgery to an earlier accident or childhood trauma. The defense will pour over your medical history, looking for any excuse to avoid paying a PTSD lawsuit settlement.
Your PTSD doesn't meet the DSM-V criteria exactly.
The psychiatric profession (M.D.s with expertise in Psyciatric drugs) creates a manual of Psychiatric diagnoses called the Diagnostic Statistics Manual. The most recent of these, the DSM-V, is very contentious. Psychologists dispute the validity of many of the diagnoses in the DSM-V as well as the definitions of several diagnoses. One of many conditions where the definition is disputed is the criteria for PTSD.
Despite this, the insurance companies, defendant, defense lawyers, and defense doctors will rely heavily upon looking for your signs and symptoms failing to meet the strict criteria for a diagnosis of PTSD in the DSM-V manual. A great PTSD lawyer will know about the DSM-V, its use, its limitations, the DSM-V diagnosis of PTSD and attacks on the legal admissibility of the DSM-V in trials. This can make or break a PTSD legal case and the lawyer's reputation for success in PTSD cases can be a major factor in settlement offers in PTSD cases.
Downplaying your psychological harm.
If the defense admits that you have PTSD, and that their client is responsible, their next objective is to argue that your emotional injuries aren’t as bad as they seem. This is where your lay witnesses—people who know you personally—and expert witnesses can make all the difference.
These are common tactics that the defense will use to avoid accepting responsibility for the harm they have caused. A personal injury lawyer with experience in PTSD lawsuit settlements will anticipate these common defense moves, and be able to negotiate convincingly on your behalf.
Speak to a PTSD lawyer today at (503) 227-1233.
How a PTSD Lawyer Can Help
Regardless of the circumstances of your PTSD injury, you always have the right to seek full, fair compensation. This includes current and future medical expenses, wage loss, and loss of income, as well as pain and suffering resulting from your emotional injury.
Getting compensated for PTSD can be a complicated process. While you have the right to seek compensation however you chose, working with a personal injury attorney who specializes in PTSD lawsuit settlements is highly advisable. Not only will they be able to communicate with your insurance company and navigate a complicated court system, but they will know how to prove your damages—and establish liability. Call our law firm to learn how we can help.
During the process, your PTSD lawyer will:
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Interview friends, family, and others who can testify to changes in your behavior, mood and/or personality;
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Speak to expert witnesses, including doctors, psychiatrists, and PTSD experts, to build the strongest case possible on your behalf;
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Draft a demand letter to outline your damages to the opposing party’s liability;
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Communicate with the defense counsel and insurance company on your behalf;
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Conduct depositions with all witnesses and, if needed,
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Represent you in court.
How a PTSD / Brain Injury Lawyer Can Help
As discussed above, PTSD can cause an increse in the probability of future dementia. This is a common consequence of traumatic brain injury as well. Moreover, there is an increased risk of PTSD and other psychological conditions after a traumatic brain injury. Additionally, the presence of PTSD also increases the risk of permanency of a brain injury if unresolved, because it causes ongoing neurotransmitter changes in the brain. An article entitled "Utility of Brief Psychological Measures for Prediction of Prolonged Symptom Clearance in Concussed Student Athletes" published in the Archives of Clinical Neuropsychology states “post-concussion anxiety symptoms may help identify individuals at increased risk for prolonged recovery.”
Hiring a traumatic brain injury lawyer that understands the impact on PTSD, and PTSDs impact on brain injuries and other physical injury recovery is important for getting the best settlement offer or trial verdict on your case.
How to Prove Your PTSD Case
If you sustained a psychological injury caused by the negligence, recklessness or intentional acts of another person, organization or company, a personal injury lawyer will be able to review your case, determine its viability, and advise you about your legal options. Many PTSD cases come down to medical documents and witness testimony, but each case is different.
Medical Records
Your PTSD case will depend on your medical records, diagnosis, and treatment history. Keep a journal of any psychological disturbances you experience in the aftermath of a traumatic event, and see a doctor as soon as possible to receive a formal evaluation. Always follow your treatment plan, and make sure to stay in communication with your health care providers.
Lay Witnesses
Lay witnesses are generally people who knew you before the incident or event, and can testify as to how the event caused psychological harm and affected your life. Your PTSD lawyer will ask you for a list of people who could be valuable “before-and-after” witnesses and will collect statements from them to build your case.
Expert Witnesses
Expert witnesses are professionals who explain your condition or diagnosis on record. In PTSD cases, this may be your doctor, psychiatrist, psychologist, therapist or social worker. They may be called upon to explain PTSD to a jury and give an opinion as to your personal diagnosis. Depending on the specifics of the case, your PTSD lawyer may opt to bring in other specialty expert witnesses for your case like a vocational rehabilitation expert to determine your ability to work in the future, an economists to prove loss of income, or accident reconstructionists to help prove liability.
Frequently Asked Questions
What is PTSD?
The Mayo Clinic defines PTSD as “a mental health condition that's triggered by a terrifying event — either experiencing it or witnessing it.” PTSD symptoms include flashbacks, nightmares and debilitating anxiety, as well as intrusive and uncontrollable thoughts about the traumatic event.
Read More:
- PTSD and Traumatic Brain Injury
- Predictors of PTSD and Injured Trauma Survivors: A Prospective Study
- The physical health consequences of PTSD: A meta-analytic review
What kind of events can cause PTSD?
PTSD can be caused by any number of events, including car accidents, assaults and/or catastrophic injuries. People who have lived through natural disasters, or people whose line of work regularly exposes them to trauma, like firemen, police officers and military personnel, can also develop PTSD.
PTSD is also common in cases involving you personally witnessing the death or severe injury of your spouse, child, parent, or family member. State law differs on whether you can make a legal claim for witnessing an injury to a loved one, domestic partner, or significant other, and so you want to consult with a lawyer who is experienced in this issue.
PTSD is common in cases where the person believes they will die. Our firm has experience handling PTSD cases involved in explosions caused by natural gas explosions, propane explosions, heating oil detonations, plane or aviation disasters, and other catastrophic losses.
PTSD can also arise from sexual abuse, exploitation, or assault.
Can I sue for my PTSD?
Yes. PTSD is considered psychological harm and is potentially actionable as a legal claim, even without an accompanying physical injury (although exceptions to this based upon state case law). If your PTSD is the result of someone else’s carelessness, negligence, recklessness or intentional act you may be entitled to compensation to cover your medical expenses, psychological care, wage loss or loss of income, mental suffering, humiliation, change in quality of life and more. Your first step is to call the Oregon PTSD lawyers at DeShaw Law for a case evaluation.
What physical injuries can cause PTSD?
While PTSD and physical injury do not always present together, some types of physical injuries are known to result in this debilitating psychological condition. Catastrophic injuries including traumatic brain injuries (TBIs), amputation, and events that result in scarring and disfigurement can result in PTSD. Additionally, PTSD is known to accompany physical trauma that leads to chronic pain.
PTSD is also common in cases involving you personally witnessing the death or severe injury of a loved one. State law differs on whether you can make a legal claim for witnessing an injury to a loved one and so you want to consult with a lawyer who is experienced in this issue.
If you are experiencing symptoms of PTSD after a traumatic injury, see a doctor to get a medical diagnosis as soon as possible.
What Are The Symptoms of PTSD?
While PTSD symptoms may present differently from person to person, common PTSD symptoms include severe anxiety, depression, flashbacks, insomnia, and loss of interest in people or activities. PTSD sufferers may be easily frightened or startled, and may actively avoid situations or places that remind them of the event that triggered their psychological condition. Finally, look for mood swings, sexual dysfunction, as well as changes in appetite.
People living with PTSD often experience secondary problems stemming from these symptoms. They may struggle to work, socialize, and maintain relationships. Intrusive thoughts may affect their cognitive functioning and memory. In some severe cases, PTSD can even impair a person’s ability to complete activities of daily living, such as preparing meals, driving or maintaining personal hygiene.
If you believe you have PTSD, see a healthcare professional as soon as possible to receive an evaluation and diagnosis.
Can people file a lawsuit for their mental distress in an accident?
Yes, you can sue for emotional distress after a traumatic accident. If you were not physically injured, there may be limitations on your legal recovery based upon the law of the state where the event occurred. A PTSD lawyer can help answer these questions.
The court system recognizes that not all injuries are physical; many settlements and verdicts include compensation for mental distress (sometimes called “pain and suffering”). Post-traumatic stress disorder is a kind of mental distress that is collectible under Oregon law.
Mental distress is common in cases involving you personally witnessing the death or severe injury of a loved one. State law differs on whether you can make a legal claim for witnessing an injury to a loved one and so you want to consult with a lawyer who is experienced in this issue.
In cases involving a person or organization's intentional act resulting in your emotional distress, you can also make a claim for Intentional Infliction of Emotional Distress.
Is there a correlation between PTSD and Major Depressive Disorder?
Yes. Some research indicates that people with PTSD will go on to have a 60% incidence of Major Depressive Disorder.
Concurrent PTSD also makes it harder to recover from brain injuries and physical injuries.
If you hire a PTSD lawyer who does not understand this, the person, organization or company that you make a claim against will suggest that your symptoms are the result of depression or another psychological condition that has no relation to the injury, incident or event that caused your PTSD.
Who are the Best PTSD Lawyers in Oregon?
PTSD is a complex psychological injury that changes your neurotransmitters. The diagnosis can be made from clinical findings. The insurance company, defendant, defense lawyers and defense doctors will rely heavily upon looking for your signs and symptoms failing to meet the strict criteria of the DSM-V manual. You need a lawyer who has extensive education and experience in PTSD claims and how to address these issues in trial.
To find the best PTSD lawyer, you want to look at past success, namely the arbitration and trial verdict outcomes of the lawyers in PTSD cases. Our law firm has one of the largest PTSD trial verdicts in Oregon history in MM & NS v. Nicolopoulos. Many of the cases we've handled in the past have involved concurrent traumatic brain injuries with PTSD so it is worth looking at the outcome of our cases and comparing them to other Oregon law firms.
To find the best PTSD lawyer in Oregon, it is helpful to find the best lawyers for the type of event that caused your PTSD. We have extensive experience handling a wide range of severe injury cases involving PTSD as one part of our client's case.
To find out more about your PTSD claim, please contact our Oregon PTSD law firm now at (503) 227-1233.