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If you've been injured in an auto accident before, then you're probably aware of the fact that, in certain cases, you may be eligible to file a lawsuit against the person who hit you. While, in most cases, individuals realize they can file lawsuits to recover expenses associated with physical injuries, very few realize that they're also able to recover damages associated with the mental trauma they endure as well.

Car accidents that result in the death of a vehicle occupant, severe injuries, or their car sustaining significant damage can take a toll on an individual's mental health. It's completely plausible that an individual might end up suffering from Post Traumatic Stress Disorder (PTSD) as a result.

There's one main reason why accident victims who suffer from mental health disturbances following a crash fail to file lawsuits though. It's because it's hard to prove that its onset coincided with the accident having occurred.

In order to be able to effectively prove that a diagnosis of PTSD was brought on by your involvement in an accident, they'll need to do two things. First, they'll need to document that fact in their notes. Second, you'll have to make sure they are willing to testify as to such if called to do so in court.

If the patient was diagnosed as having PTSD prior to their involvement in the accident, all is not lost. They may be able to successfully argue the condition has begun flaring up on an enhanced level because of their involvement in the accident.

One of the problems associated with filing a claim over a PTSD diagnosis is that it's not all that uncommon that patients will not suffer episodes until several months have passed since the accident occurred. This makes it difficult when attempting to prove a connection between the accident and the client's mental health condition.

The fact that there is a defined period during which a lawsuit must be filed adversely impacts a client's ability to paint a clear picture of how debilitating the condition might be as well.

In the case of civil lawsuits, they unfortunately can only be filed just once. This is why it's important that you work closely with a New York personal injury attorney to determine when is the most appropriate time to look to file a claim for damages in your case.

Source: FindLaw, "When Can You Sue for PTSD for Auto Accident Injuries?," George Khoury, Esq., accessed June 02, 2017

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