The images replay in your mind every night. The sound of screeching brakes haunts your dreams. Even the rumble of a passing truck on the highway sends your heart racing and your hands trembling.
Post-traumatic stress disorder following a severe truck crash can be just as debilitating as physical injuries, yet these psychological wounds often go unrecognized by insurance companies. Our Richmond truck accident lawyer understands that recovering from a commercial vehicle crash often involves addressing the invisible scars that can permanently alter your quality of life.
Virginia Law Recognizes PTSD as a Real Injury
Virginia courts don't treat psychological injuries as second-class claims. Under Virginia Code § 8.01-52, victims can seek compensation for "mental anguish" resulting from personal injury incidents. This includes PTSD, anxiety disorders, and depression when they stem from a traumatic event like a truck accident.
You need compelling evidence to support emotional distress claims in Virginia. A licensed psychiatrist or psychologist must diagnose your condition and provide professional opinions linking your PTSD to the truck accident. The diagnostic criteria outlined in the DSM-5 serve as the standard for establishing PTSD.
Imagine a 34-year-old teacher who develops severe PTSD after she was rear-ended by an 18-wheeler on I-95. Her symptoms include nightmares, flashbacks, and panic attacks whenever she attempts to drive. A psychiatrist can diagnose her with PTSD and document how the accident triggered her psychological condition.
When PTSD Symptoms Appear After Truck Accidents
Commercial truck accidents produce particularly severe psychological trauma because of the massive size difference between commercial vehicles and passenger cars. The sudden, violent nature of these collisions creates lasting mental health impacts that affect every aspect of a victim's life.
Vivid Flashback Episodes
Many survivors experience vivid, unwanted memories of the accident that feel as real as the original event. These flashbacks can be triggered by seemingly innocent things, like the sound of air brakes, the sight of a large truck, or the specific weather conditions present during the crash. Your brain remains stuck in a heightened state of alarm, constantly scanning for potential threats.
Changes in Behavior
Avoidant behaviors often follow. Victims refuse to drive on highways, take lengthy alternate routes to avoid truck traffic, or become unable to work if their job requires highway travel. These behavioral changes persist long after physical injuries have healed.
Sleep Disturbances
The psychological impact leaves truck crash victims in a constant state of alertness. This hypervigilance is exhausting and leads to chronic sleep problems, concentration difficulties, and irritability. Simple tasks like grocery shopping become sources of anxiety.
Loss of Enjoyment
Some victims experience emotional numbing, finding it difficult to enjoy activities they once loved. This often accompanies feelings of depression, hopelessness, and survivor's guilt, particularly if the accident resulted in fatalities.
Building Your PTSD Case With Proper Evidence
Unlike physical injuries documented through X-rays, PTSD requires different types of documentation of symptoms, treatment history, and functional limitations.
Medical Records
You need doctors who can speak to your condition professionally. Start with initial diagnostic evaluations, then build ongoing treatment records. Most importantly, get expert opinions that connect your psychological symptoms directly to the truck accident. Virginia courts typically want testimony from licensed psychiatrists or psychologists who can break down the diagnosis for a jury.
Inability to Work
Imagine a construction worker was involved in a head-on collision with a commercial truck on Route 64. His psychiatrist conducted psychological testing that revealed significant cognitive and emotional impairments. The doctor's records showed how his condition prevented him from returning to construction work due to his inability to concentrate and his fear of being around heavy machinery.
Treatment Consistency
Show up for your appointments. Insurance companies love to point to missed therapy sessions or skipped medication as proof that your condition isn't that serious. They'll argue treatment gaps mean you're getting better or were never that bad to begin with. Regular therapy visits, taking your medications as prescribed, and following your doctor's recommendations all strengthen your case.
Calculating Your PTSD Damages in Virginia
Along with medical treatment costs, other qualifying economic damages include lost wages from missed work, reduced earning capacity due to concentration problems, and the cost of ongoing mental health treatment.
Virginia has no statutory caps on non-economic damages relating to psychological injuries in truck accident cases. Psychological injuries cause real suffering that deserves compensation. Pain and suffering damages account for the daily struggle of living with PTSD, the fear and anxiety that color every aspect of life, and the loss of enjoyment in activities that once brought pleasure.
PTSD strains marriages, parental relationships, and friendships. Virginia law also allows recovery for loss of consortium, the impact that psychological injuries have on intimate relationships.
Insurance Company Tactics Against PTSD Claims
Insurance companies routinely dispute psychological injury claims, arguing they are subjective, exaggerated, or unrelated to the accident. They frequently suggest that PTSD symptoms are fabricated or exaggerated for financial gain. Defense attorneys hire their own psychological experts to challenge your diagnosis or claim that your symptoms existed before the accident.
Virginia follows the "eggshell skull" rule, which holds defendants liable for aggravating pre-existing conditions, but proving this connection requires experienced legal advocacy.
Our firm’s experience with catastrophic injury cases includes understanding the psychological trauma that often accompanies severe truck accidents. Our approach involves thorough investigation, expert medical testimony, and aggressive advocacy against insurance company tactics.