Dealing with PTSD After a Car Accident in Nova Scotia

Dealing with the aftermath of a car accident can be a challenging experience. While physical injuries are often the primary focus, psychological trauma can also occur. Post-traumatic stress disorder (PTSD) affects your mental health and can linger long after you’re out of a dangerous situation.

If you have PTSD after a car accident in Nova Scotia, working with an injury lawyer from Preszler Injury Lawyers is essential.

What Is PTSD After a Car Accident?

It is essential to recognize that PTSD is not simply “being upset” after a stressful situation. It is a clinically diagnosed condition with specific symptoms and can significantly affect an individual’s life. PTSD can develop even if there are no physical injuries sustained during the accident.

PTSD symptoms can vary from person to person, but common symptoms include:

• Intrusive thoughts: Recurrent, unwanted, distressing memories of the traumatic event.
• Nightmares: Disturbing dreams related to the event.
• Avoidance: Efforts to avoid trauma reminders, such as places, people, or activities.
• Hypervigilance: Being constantly on guard, easily startled, and having difficulty sleeping.

It is critical to differentiate between general emotional distress and clinical PTSD. While it is normal to experience emotional distress after a car accident, PTSD involves persistent and debilitating symptoms that interfere with daily functioning.

Can You Claim Compensation for PTSD in Nova Scotia?

Yes, you can claim compensation for PTSD in Nova Scotia if it develops due to a car accident. PTSD is recognized as a legitimate injury, and individuals who suffer from it due to someone else’s negligence may be entitled to compensation. That’s why you should take specific steps if you’re involved in a car accident. This can help preserve your right to sue for PTSD in Nova Scotia.

Proving PTSD After a Car Accident

You cannot simply state you are struggling and expect to receive a PTSD car accident settlement in Nova Scotia. Instead, proving PTSD after a car accident involves demonstrating a direct link between the accident and the development of the condition. This requires thorough documentation and evidence.

Medical Documentation Is Key

Medical documentation is critical for proving PTSD. This includes records from mental health professionals, such as psychiatrists, psychologists, and therapists. These records should detail the diagnosis, symptoms, and treatment plan.

Expert Testimony

Expert testimony from mental health professionals can provide valuable support for your claim. Experts can offer their professional opinions on the diagnosis, the cause of PTSD, and the impact it has on your life.

Journals and Witnesses

Keeping a journal of your symptoms and experiences can provide additional evidence. Witness statements from family, friends, or colleagues can also support your claim by describing changes in your behavior and functioning since the accident.

What Is the PTSD Lawsuit Process in Nova Scotia?

The PTSD lawsuit process in Nova Scotia involves several steps:

• Report: Report the accident to the police and your insurance company.
• Treatment: Seek medical and mental health treatment for your injuries, including PTSD.
• Lawyer Involvement: Consult with an injury lawyer specializing in car accident cases.
• Medical Assessments: Undergo medical assessments to document your injuries, including PTSD.
• Negotiations: Your lawyer will negotiate with the insurance company for a settlement.

Timeline Overview

The timeline for a PTSD lawsuit can vary depending on the details of the case and the parties responsible.. In Nova Scotia, there is an applicable two-year limitation period that generally applies for filing a car accident claim, but depending on the party responsible the limitation period could be as short as twelve months, so it is essential to consult with a lawyer as soon as possible.

The timeline for a PTSD lawsuit can involve the following:

• Filing your claim
• Insurance company makes a settlement (often too low)
• Negotiations for a higher settlement
• If no fair settlement is reached, initiate litigation
• Trial, if necessary

How Much Compensation Can You Receive for PTSD?

It’s natural to wonder how much compensation you can get for a car accident case and, specifically, how much compensation for psychological injuries including PTSD. Your car accident lawyer should calculate your compensation to ensure you do not request or accept less than you deserve.

Several factors can influence this calculation, including the following:

The severity of symptoms and impact on daily life

The severity of your PTSD symptoms and how they impact your daily life will be considered. More severe symptoms and a more significant impact on your life may result in higher compensation.

Loss of income or reduced ability to work

If your PTSD has caused you to lose income or reduced your ability to work, you may be compensated for these losses.

Cost of therapy and long-term treatment

The cost of therapy and long-term treatment for PTSD will be factored into the compensation amount.

Pain and suffering

You may also be entitled to compensation for pain and suffering, which are general damages for the emotional distress and psychological impact of PTSD.

What If You Also Have Physical Injuries?

If you have both physical injuries and PTSD, you can claim compensation for both. It is essential to document all injuries and their impact on your life.

Understanding the Basics of Medical Benefits in Nova Scotia

The provincial government primarily funds and administers Nova Scotia’s healthcare system. This means basic medical services are covered under the Medical Services Insurance (MSI) program.

MSI covers a range of services, including doctor visits, hospital stays, and specific surgical procedures. However, injuries sustained in a car accident are more intricate and involve both government-funded healthcare and private insurance.

Government Coverage Through MSI

The Nova Scotia Medical Services Insurance (MSI) program is the cornerstone of healthcare coverage in the province. The Canada Health Act (CHA) makes publicly funded insurance possible. MSI ensures residents have access to essential medical services without facing financial barriers. MSI covers:

• Physician Services: Visits to family doctors, specialists, and other physicians.
• Hospital Services: Inpatient and outpatient care, including surgeries and emergency treatment.
• Dental Services: Certain dental procedures for children and those receiving income assistance.
• Optometric Services: Limited coverage for eye exams.

While MSI provides a broad safety net, it does not cover all medical expenses, especially those related to injuries from car accidents. This is where private insurance, particularly auto insurance, comes into play.

Auto Insurance and Physical Injuries

In Nova Scotia, all vehicle owners are required to have auto insurance. This insurance covers medical expenses and other damages resulting from car accidents. When physical injuries occur, several types of coverage can be utilized:

• Third-Party Liability: This coverage protects you if you are found at fault for an accident that injures someone or damages their property. It covers personal injury claims arising from an accident including injured parties’ related medical expenses.
• Collision Coverage: This coverage pays for damage to your vehicle if you collide with another car or object.
• Comprehensive Coverage: This coverage protects your vehicle from other types of damage, such as theft, vandalism, or weather-related damage.

However, medical benefits related to injuries sustained in a car accident are provided as primary coverage through Section B benefits.

Section B Benefits: “No-Fault” Coverage

Section B benefits, also known as “no-fault” or “first-person” benefits, are a mandatory part of every auto insurance policy in Nova Scotia. These benefits are designed to provide immediate medical and income replacement support to anyone injured in a car accident, regardless of who is at fault. Section B benefits cover a range of expenses, including:

• Medical Expenses: Costs of treatment, rehabilitation, and medications.
• Income Replacement: Weekly payments if you cannot work due to injuries.
• Funeral Expenses: In the unfortunate event of a fatality.

Section B benefits ensure that individuals receive timely medical care and financial support while recovering from injuries sustained in a car accident.

PTSD and Section B Benefits

In Nova Scotia, PTSD resulting from a car accident is generally covered by Section B benefits. This recognition is vital, as PTSD can significantly affect a person’s ability to function and work.

Coverage for PTSD under Section B

Section B benefits provide comprehensive coverage for PTSD resulting from a car accident. This includes:

• Therapy and Counseling: Psychological treatment costs, including therapy sessions with psychologists or psychiatrists.
• Medication: Expenses for prescribed drugs to manage PTSD symptoms.
• Other Related Expenses: Costs for different treatments or services deemed medically necessary.

Loss of Income Due to PTSD

If PTSD prevents you from working, you may also be eligible for weekly income replacement benefits under Section B. These benefits provide financial support while you recover and cannot earn income. The amount and duration of these benefits depend on your pre-accident income and the extent of your disability.

Role of At-Fault Driver’s Insurer – Section A Benefits

If another driver caused the accident, you may also be able to pursue compensation for your PTSD and other injuries from their insurance company. This is typically handled separately from Section B benefits.

While Section B provides immediate, no-fault coverage, you can seek additional compensation from the at-fault driver’s insurer for pain and suffering, loss of future income, and other damages. The at-fault driver’s insurance is called Section A benefits.

Why You Should Work With an Injury Lawyer in Nova Scotia

Working with an injury lawyer in Nova Scotia is vital when dealing with PTSD after a car accident. An experienced lawyer can:

• Help you understand your rights and options
• Gather evidence and documentation to support your claim
• Negotiate with the insurance company on your behalf
• Represent you in court if necessary

Many people are tempted to pursue claims alone, but this is not a wise choice. It is especially not a good idea when you are struggling mentally with PTSD, as you do not need to add anything to your mental plate. Allow a professional to oversee everything for you.

Schedule a Consultation with an Injury Lawyer in Nova Scotia to Review Your Rights and Benefits

Proving PTSD from a car crash is not simple, but the right car accident lawyer can evaluate your options. The important thing is to take action as soon as possible to protect your rights.

An injury lawyer from Preszler Injury Lawyers can ensure you get the compensation you deserve for your PTSD and other injuries. Contact our legal team now.