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PTSD and lawsuits in motor vehicle accidents

New York residents who injured in a motor vehicle accident caused by the negligence of another motorist may receive a settlement from an insurance company for their losses, or they might file a lawsuit in order to get adequate compensation. It may also be possible to sue for damages related to post-traumatic stress disorder. However, a diagnosis of PTSD related to the accident might be difficult to establish.

It will be necessary to prove that the PTSD diagnosis was made by a qualified doctor and that the diagnosis was accident-related. The injured person might need an expert witness in court. However, it may be a challenge to establish a relationship between the accident and the PTSD. If the victims already had existing PTSD, they might be able to claim that it was exacerbated by the accident.

Another issue is the time lag between the accident and diagnosis. PTSD may go undiagnosed for a long time, and victims might settle their claims without a lawsuit. If they are later diagnosed with PTSD, there may be no legal remedy available since the claim has been settled.

As a result, a person who is injured in a motor vehicle accident might want to consult an attorney. The person might have other serious injuries besides or in addition to PTSD. The attorney might be able to review the facts of the case and make suggestions regarding how the person should document injuries. An attorney also might be able to negotiate with the insurance company and to assist in filing a lawsuit if necessary.

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Orin J. Cohen Law
1162 Victory Boulevard
Staten Island, NY 10301-3623

Phone: 718-303-2995
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