West Virginia residents who are injured in a car accident caused by the negligence of another driver might also suffer from post-traumatic stress disorder as a result of the accident. However, they might also face a challenge in obtaining compensation for their PTSD as they would if they had a broken bone or another visible injury. If a lawsuit is necessary to get compensation, the time in which to file is not indefinite. Getting a diagnosis of PTSD is essential as it can go undiagnosed for months or even years.
In addition to proving that a qualified doctor made the diagnosis, the victim will also have to demonstrate that the PTSD is related to the accident. An expert witness might be needed to interpret the medical data for the jury.
The defendant may attempt to argue that even if it can be established that PTSD is present, it was not caused by the accident. However, even if the victim has a previous PTSD diagnosis, it might be sufficient to make the claim that the condition returned as a result of the accident.
Whether their injuries are physical or mental, victims might still struggle to get sufficient compensation to cover their medical expenses and other costs after a motor vehicle accident even when another party is at fault. Therefore, they might want an attorney to negotiate with the insurance company on their behalf. If those negotiations are unsuccessful, then they might want to move forward with a lawsuit. The insurance company may offer a settlement, but if it is unacceptable, then the case might proceed to litigation. If it can be demonstrated in the civil case that the defendant’s negligent driving resulted in the accident, then the lawsuit could be successful.