Question: Do soft tissue injuries with PTSD qualify for an insurance claim?
Question Detail: I was in an accident. A construction truck was merging onto a state highway. I was in the left lane and when he merged onto the highway he cut right across all 3 lanes without looking and I slammed into his truck. The police report states he was at complete fault failing to yield. I had glass in my eyes that caused corneal abrasions, but with time there have healed. With no permanent damage am I entitled to an insurance claim?
I’ve got a second question about the damages. The corneal cuts were the only physical injury I sustained or so I thought. My car was totaled out and now I’m having a hard time driving. I’m fearful of everything when I drive. I have tried to drive but the two times I’ve tried I almost had a full blown panic attack.
Answer: Physically you describe what we call a "soft tissue injury", but it appears you may have PTSD, post traumatic stress disorder. I don't practice in NY so I can't say what the law requires there for personal injury, but here in Iowa you would have a case. Here is what we would do in Iowa. An Iowa personal injury lawyer would have your PTSD evaluated by a licensed psychologist, psychiatrist or some other professional qualified to evaluate your symptoms. Have you looked at the symptoms of PTSD? Do you think you have it? If you do why aren’t you seeking treatment from a doctor or at the very least seeking a referral from your family doctor to a psychologist? Are you trying to hide it from someone? Can you hear that?
Those are tires squealing as I slam on the brakes and hit the reset button. What is your lawyer doing for YOU and to develop the CASE? Make a list and if you can’t name five things either you don’t understand what the case is about or else you don’t care enough about your case to ask and learn.
Your questions are legitimate but you're on a free Q&A asking for advice yet you are already paying a lawyer to do just that. Why? Why are you having to visit a free Q&A website to get prepared for your case? You're making mistakes or you have already made a mistake. Take action to figure out what it is I'm talking about and act to correct those mistakes.
Do you know what PTSD is?
- What is PTSD? - Post Traumatic Stress Disorder
- Posttraumatic Stress Disorder (PTSD) - WebMD
- Post-traumatic stress disorder (PTSD) - MayoClinic.com
Do you know the symptoms of PTSD?
Is the lawyer teaching you anything of value having to do with your case? Or are you just impressed with him or her?
- Do you know the theory of recovery in your case?
- What is negligence? What is comparative fault?
- Do you know what damages are recoverable in your case?
- What are the strengths of your case?
- What are the weaknesses in your case?
- How can you respond to each weakness?
- Do you know how to answer questions in a deposition? (Link)
- Do you know how to answer the interrogatory questions? (Link)
- What have you done to prepare for depositions?
- Do you care about winning?
I’m not the best communicator, just listen to my videos and you’ve probably figured that out, but I care and I care to teach my clients about what it is we are trying to do to obtain compensation. After all if you are a success in this case, then I’m a success in my practice. That’s simply the nature of a contingent fee practice.
You might consider seeing another lawyer or even trying to negotiate on your own, I’m not sure you can do much worse than with the one you have hired. But first go get treatment for PTSD. Good luck and call us if we can help.