Kentucky residents who have been in a car crash caused by the negligence of another motorist might suffer from post-traumatic stress disorder, but they might struggle to prove it and its relationship to the accident. Therefore, it may be difficult to get compensation for it in a lawsuit. First, it is necessary to prove that the victim has been diagnosed with PTSD by a doctor. An expert medical witness might be necessary in court.
However, the injured person must also prove that the PTSD is because of the motor vehicle accident. The defendant could counter that the person had been diagnosed with PTSD earlier or that the PTSD is unrelated. However, even if people had a previous diagnosis of the condition, they could still try to demonstrate that they suffered a recurrence as a result of the accident.
One of the main obstacles for a person in trying to claim compensation for PTSD is time. People who do not file lawsuits may settle claims related to car accidents relatively quickly. PTSD is sometimes diagnosed months or even years after the event that causes it, but that settlement may leave the person unable to further pursue the case legally.
After a motor vehicle accident, injured victims might want to consult an attorney to avoid agreeing to a settlement that may be unfair to them or leave them without needed compensation. There might be other elements as well that they are unaware of. An insurance company might also attempt to dispute who is at fault in the accident. It is also possible that the case will not go to court because a settlement may be reached through the attorney’s negotiation with the insurance company.