Summary
In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about PTSD and how identifying it can affect personal injury claims.
Discussed in this Episode:
- What does a PTSD case look like?
- How to identify a PTSD case?
- Challenges in PTSD cases
- Mental anguish cases from state to state
- How does this increase the value of the case?
What Does a PTSD Case Look Like?
PTSD or Post Traumatic Stress Disorder is a mental condition that is usually caused by an intense and negative event. This can be something as small as getting stuck in an elevator or as big as watching someone die. This disorder often presents itself as a stress and anxiety feedback loop that appears when the person is placed in a similar situation as the one that caused the PTSD. There are even instances where the expression of PTSD symptoms can be worse than the original incident itself.
How to Identify a PTSD Case?
Start talking with family members or friends and see if they’ve noticed a change in the client. Look through their medical records and see if they’ve been seeing a therapist that specializes in traumatic events and get their opinion on what the ramifications of it are.
Challenges in PTSD Cases
Don’t assume that everyone who has been through something traumatic has PTSD. Trying to push a narrative that isn’t there can only do harm in getting your client the verdict they need. You also need to take a lot of time with the client. If you don’t really know them, it’s going to be a lot harder to make a credible claim. Remember to be empathetic and search for the answers if you feel like something is below the surface. Like a person whose most recent traumatic event is triggered from something that happened to them as a child.
Mental Anguish from State to State
Mental health cases can be subjective based on your state and their own laws. Do remember that when you’re opening a person’s mental health records, that information can be used against your client. So it’s important to get a holistic view of their mental health before claiming PTSD. Write down your element of harm and compare it with others from your state if you’re unsure what would be admissible.
Increasing the Value of the Case
“Why is this a big deal?”. In order for the jury to really understand the magnitude of the damages, you need to be able to tell your client’s story, you need to be able to tell them why it’s a big deal. If someone no longer feels safe to drive and you’re able to relate that story to the jury in a way that garners empathy, that can add to the dollar amount of a case’s worth.
You can reach Jack at:
512-246-2224
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