What Causes PTSD After A Motorcycle Accident In North Carolina?
Key Highlights:
- What causes PTSD after a motorcycle accident in North Carolina? It is caused by psychological trauma from the motorcycle accident, which meets the diagnostic framework outlined in the DSM-5 criteria.
- A non-ordinary type of stress that doesn’t go away by itself can be identified as post-traumatic stress disorder (PTSD) in the medical community.
- PTSD symptoms can be categorized as intrusion, avoidance, mood alteration, and hyper-arousal.
- Symptoms may manifest from weeks to months after your motorcycle accident and worsen if not treated properly.
- Motorcycle accidents in North Carolina qualify for compensation for mental health injuries.
- Consistent mental-health treatment records are key in supporting a PTSD claim
Motorcycle crashes are not only destructive to you and your motorcycle, but they can also leave residual devastation within your psyche as well. Many riders find themselves suffering from a perpetual state of anxiety, frequently replaying their crashing incident in their minds and completely avoiding the road altogether.
There is a great deal of vulnerability in being a rider, and this is often directly related to what causes PTSD after a motorcycle accident in North Carolina. The fear of losing your life, coupled with the traumatic experience of suffering from a painful injury, can lead to an overwhelming sense of incapacity to deal with what occurred and, as a result, can create a continuous loop of fear in your nervous system.
That’s where Tatum & Atkinson Law Firm comes in. We have been serving North Carolinians since 2006 and helping them pursue full and fair compensation for their injuries, both physical and mental.
Please contact our experienced NC motorcycle accident lawyer at (800) 529-0804 today to learn more about protecting your rights and receiving the recovery assistance you need and deserve.
What PTSD After Motorcycle Accident and How It Differs From Normal Distress
Post-traumatic stress disorder motorcycle crash is an identifiable disorder; you develop it after experiencing a traumatic event or threat to your life, such as a motorcycle accident. The National Institute of Mental Health defines PTSD as having the following criteria: symptoms lasting for at least 30 days after the trauma that causes functional impairment.
Normal Stress Vs. PTSD
A typical reaction to an accident is to ‘feel shocked,’ ‘feel anxious,’ ‘not be able to fall asleep,’ etc. The normal response, as described above, will typically go away within a few days to a week. What constitutes PTSD is having these same symptoms of stress but experiencing those symptoms for longer than one month to the point where you are unable to function normally at work, in your relationships, or in your daily activities.
What Causes PTSD After A Motorcycle Accident in North Carolina
Motor vehicle accidents are often one of the most common reasons people experience PTSD in their day-to-day lives, and emotional distress motorcycle accident increase the risk of PTSD significantly. In fact, according to the official NCDOT Traffic Crash Facts report, thousands of motorcycle accidents occur across NC each year, with the vast majority resulting in severe injury or death. The reasons for this are quite evident.
Nothing Between You and the Road
When you ride a motorcycle, there aren’t any kind of protection or safety features like there are when you drive a car (i.e., a car frame, airbags, and seatbelts). Therefore, if and when a motorcycle accident does occur, it’s very sudden and violent, and will likely feel like you are in a near-death situation. All of these things are the perfect ingredients to overwhelm the mind’s ability to cope with the situation and create trauma.
Severe Injuries Compound the Trauma
Severe injuries, chronic pain, and the difficulty of recovering for months after a motorcycle accident will continue to put both your body and mind in a traumatic state. The more serious the injuries and the more difficult the recovery, the greater the psychological effects.
Risk Factors That Raise the Odds
Not all people develop PTSD; however, people who were involved in a crash and feel they were in danger are at a greater risk for developing PTSD. Other factors that increase risk factors for developing PTSD are the experience of prior trauma or mental health issues, not having follow-up support or care for mental health after a crash, and having a sense of helplessness at the time of the accident.
The Signs and Symptoms to Watch For
The National Institute of Mental Health organizes PTSD symptoms into four categories. An individual need not exhibit all of the symptoms listed below; nonetheless, if several symptoms are experienced on a persistent basis, he or she should seek professional assistance.
Reliving the Crash
Intrusion symptoms are those that consist of flashbacks, feeling as if the accident is occurring again, nightmares, intrusive or unwanted memories, or physiological responses such as a racing heart or sweating when exposed to reminders of the trauma.
Avoidance
Many people will refrain from engaging in any activity related to the traumatic event. According to the NIMH, as an example, following a severe accident, some individuals will no longer drive or ride in any vehicle. Others, on the other hand, avoid the location of the crash, refrain from discussing the accident, or attempt to suppress memories of the experience.
Negative Shifts in Mood and Thinking
This group of symptoms is characterized by feelings of guilt or shame that are excessive and pervasive, feeling disconnected from family or friends, loss of interest or pleasure in previously enjoyed activities, depression, and difficulties with memory of some or all aspects of the traumatic experience.
Being Constantly on Edge
Hyperarousal symptoms are characterized by a constant state of being hyper-vigilant (i.e., being easily startled, feeling tense, being easily irritated, or having angry outbursts), experiencing chronic sleep disturbances, and difficulty concentrating as if your body never completely relaxes.
When Symptoms Appear and How PTSD Is Diagnosed
The recognition of post-traumatic stress disorder involves the understanding that trauma can manifest well after the event and obtaining a clinical evaluation to confirm the diagnosis for legal purposes.
Why Symptoms Can Be Delayed
Many riders appear fine at the time of the accident. Sometimes symptoms will begin within the first three months, but they can appear much later (even after the physical injuries have healed). Symptoms are generally worse if not treated. A delayed response to symptoms does not change that your injury is still a result of the crash.
How a Professional Makes the Diagnosis
The diagnosis of PTSD is performed by either a psychologist or psychiatrist (clinically) using specific diagnostic criteria that consider the duration of symptoms (more than one month) along with how those symptoms may be affecting a person’s ability to function in everyday activities. The professional evaluation supports the case (in legal proceedings) for obtaining benefits associated with PTSD.
Treatment and the Tie to Physical Injuries
In order to overcome PTSD, a well-rounded approach is essential; one that treats psychological trauma, looks at how emotional problems worsen physical pain, and effectively reduces how globally it disrupts your work and personal life.
Treatments That Help
Post traumatic stress disorder (PTSD) can be treated with a number of therapies, including trauma-focused talk therapy like cognitive-behavioral therapy, cognitive-processing therapy, prolonged exposure therapy, and EMDR, along with medication (SSRI) and peer-to-peer support. The appropriate treatment can lead to significant improvement.
PTSD and Physical Pain Feed Each Other
The mind and body are connected in this way. Physical pain or disability due to the accident can trigger and maintain PTSD symptoms. PTSD can increase the difficulty of physical rehabilitation. For that reason, both should be treated simultaneously.
The Toll on Work, Relationships, and Daily Life
If PTSD remains untreated, it can result in unemployment, strain on close personal relationships, and increased isolation. For many riders, losing the ability to ride or drive means experiencing a sense of loss or despair.
PTSD in a North Carolina Motorcycle Accident Claim
Emotional injury is an actual injury under the laws of North Carolina.
Psychological Injuries Are Real Damages
The recovery for these injuries would include recovery for the emotional anguish and suffering as well as damages for the cost of both past and future mental health treatment, lost wages (if the person has PTSD and is unable to work), and loss of enjoyment of life, in addition to the damages for any physical injuries related to the crash.
The Eggshell-Plaintiff Rule Protects You
Where the incident that caused the crash could trigger or exacerbate a victim’s PTSD, the at-fault driver is responsible for all of the effects of that condition as a result of the incident. Under the eggshell-plaintiff rule, when a defendant injures another person, they must take that victim (the plaintiff) as they find them. A previous frailty of the victim is not a defense to the defendant’s actions.
Proving It Takes Documentation
Insurers fight the hardest over invisible injuries, like PTSD. The only way to win is by documenting every aspect of your condition. You need an early evaluation by a mental health professional, a diagnosis, a record of your consistent treatment, and a report from your treating mental health professional or an expert clinician explaining how the PTSD is related to the crash. You must compile and submit this evidence in order to defeat an “it’s not real” defense.
The 1% Rule Still Applies
According to the law in North Carolina, the pure contributory negligence rule can bar the entire personal injury claim (including PTSD) if the victim is found to be even 1% at fault for the incident. It is just as important to prove that the other driver caused the crash as it is to prove that the victim suffered injuries from the crash.
How an Attorney Builds a Two-Layer Claim
A motorcycle claim for PTSD has two aspects to consider: the physical and psychological components, and each must have proof presented for each part.
An attorney will link them together (with medical and mental health records), will bring in the expert who treated the person, and will stand up to the adjuster who may try to dismiss the psychological injury claim NC as being exaggerated, while also defending against the 1% argument. We, the Heavy Hitters, understand how to present the psychological injury as if it were a broken bone and get it accepted as such.
Struggling After a Motorcycle Crash in North Carolina? Contact Our Experienced Lawyers Today
If the crash stays with you, in your sleep, during your commute, at home, and in your everyday feelings and experiences, that’s a real injury, and it should be part of your case. If you would like to know your options or how to position yourself for your case, get a free consultation with us.
Tatum & Atkinson have represented North Carolina riders with injuries since 2006 from offices around North Carolina, including Raleigh, which is located at 702 Glenwood Avenue. The Heavy Hitters have handled catastrophic motorcycle injuries and know how to prove what causes PTSD after a motorcycle accident in North Carolina.
Call (800) 529-0804 for a free consultation. We work on a contingency fee system, meaning that you don’t owe any money unless we recover money for you, and the first call is also free.
Frequently Asked Questions!
Can I get compensation for PTSD if I have no visible injuries?
Often yes. North Carolina permits claims for emotional damage, such as PTSD. If you have PTSD related to your wreck (the accident) and your mental health provider has a record of that information, your case has the best chance for recovery.
The insurer says my PTSD came from something else, not the crash. What should I do?
Frequently, an insurer will assert that your PTSD came from a prior trauma. However, under NC’s ‘eggshell-plaintiff rule,’ the at-fault driver is still responsible if the crash aggravated or triggered your condition.
How long do I have to file a motorcycle accident claim in NC?
You usually have three years from the date of the wreck to file an injury claim. You must keep in mind that symptoms of PTSD may become apparent later on in your life. Thus, you will want to document all of your symptoms and seek an attorney’s guidance before the statute of limitations runs out.
What does it cost to hire a motorcycle accident lawyer?
You will not pay your attorney anything up front. All cases will be taken on a contingency fee basis, where you do not pay unless we win, and your initial consultation is always entirely free.
Will my case go to trial?
Most PTSD claims settle, but it is not uncommon for PTSD claims to be in dispute; thus, being prepared to have your case tried will generally cause the at-fault driver’s insurance company to take your PTSD claim seriously.
