Liability in Cases Involving PTSD as Damages
When someone sustains injuries—both physical and emotional—as a result of a car accident, there are a number of questions and concerns that may go through their head. What comes next? How do I go about taking legal action?
One of the biggest question marks revolves around the concern of liability. Who is responsible when a survivor develops PTSD as a result of a car accident? Like any situation involving a car accident, it all depends on the cause of the crash.
Emotional Damage Doesn’t Change Liable Parties
Similar to a car accident where only physical and property damage exists, liability is dependent on various factors. For instance, in a crash where one driver is negligent, they would be held accountable for all damages that have been sustained.
However, different circumstances can lead to different liable parties. These responsible parties may include:
- Auto manufacturers who may create malfunctioning or defective products installed on vehicles in which the defect leads to a serious crash.
- Passengers in a vehicle who cause a distraction for a driver and it results in a car accident.
- A bar or establishment that serves alcohol to a minor or already intoxicated driver and allows that person to drive. A social host may also be responsible under these circumstances.
- A government entity is responsible if the crash is the result of a road hazard such as a pothole, missing traffic signal, or other problem on the road that causes one or multiple vehicles to collide.
The occurrence of post-traumatic stress does not change liable parties, but it may impact the damages a person may be able to recover. Typically, recovery is focused on economic losses such as medical bills, damage to a vehicle, lost income, and other similar expenses.
In a case involving trauma, non-economic damages may also be considered. These are those that do not have monetary value and include pain and suffering.
At The Beasley Firm, our Philadelphia personal injury attorneys are dedicated to you during your time of need. We work hard on your behalf, always focused on your best interests and seeking the most favorable outcome on your behalf.