Category Archives: Car Accidents

How to Determine Responsibility in a Self-Driving Car Accident

Technology continues to grow in every aspect of American society, including the automotive industry. The auto-industry estimates autonomous vehicles won’t make it to mass-market until 2025 because technological hurdles still remain before mass-market. Recent incidents involving many self-driving cars on California roads have raised safety concerns. This raises an interesting question of liability. In an injury by a self-driving car, who is at fault for the accident? Is it the manufacturer or the operator?

What is a Self-Driving Car

According to the Victoria Transport Policy Institute, there are 5 levels of autonomous vehicles:

  • Level 1: Driver Assistance. Offers some driving assist features, but the vehicle is controlled by a driver.
  • Level 2: Partial Automation: The vehicle has combined automated functions, like acceleration and steering, but the driver must remain engaged and monitor the environment at all times.
  • Level 3: Conditional Automation: A driver is necessary but not required to monitor the environment. The driver must be ready to take control of the vehicle at all times with notice.
  • Level 4: High Automation: The vehicle is capable of performing all driving functions under certain conditions.
  • Level 5: Full Automation: The car performs all driving functions under all conditions.

When Is the Driver Responsible After a Self-Driving Car Accident?

At the present moment, most autonomous cars operate at Level 2 or 3 of the Automated driving levels. That means that even though the vehicle can perform functions independently, a driver is still necessary to monitor the surroundings. These self-driving cars alert the driver to disengage autonomous mode and control the vehicle to avoid a crash.

In March 2018, a self-driving Volvo hit and killed a pedestrian in Arizona. The test car was part of Uber’s testing. The car’s technology couldn’t predict the direction of the woman walking. Unfortunately, the driver inside wasn’t watching the road. Instead, she watched an episode of “The Voice.”

In the end, blame was shared among the driver, Uber, the car manufacturer, and even the pedestrian. These are complex cases that require investigation into the most minor details. However, since a driver is still responsible for monitoring the environment and avoiding such a crash, the driver will most likely be one of the parties at fault.

When Is the Manufacturer Responsible After a Self-Driving Car Accident?

Just because the driver is responsible doesn’t mean that the manufacturer is home-free. In 2018, a Tesla Model X was on autopilot and collided with a highway barrier in California. The impact killed the driver. The victim’s family sued Tesla because they believed that the design, manufacture, testing, and maintenance of the Tesla model failed to adequately instruct drivers to take control of the vehicle. Although Tesla settled the case, The State of California’s Department of Transportation was also named a party in the suit because they failed to fix a crash attenuator. California’s Department of Transportation conducted an investigation. It found many contributing factors that led to the death, including the driver, Tesla’s autopilot system, and a damaged crash attenuator.

Contact a Skilled Attorney

Injury by a self-driving car presents complex issues. To determine liability, whether it was the driver or manufacturer’s responsibility, can be difficult. The car’s level of autonomy will become a factor in assigning blame. Additionally, the software and hardware may be supplied by many different companies. That can make it harder to determine fault.  An experienced car accident attorney at Dan Rose Law Firm can help you investigate your situation to develop a successful legal strategy.

Who is Liable for an Accident in a Blind Spot?

What makes blind spots so dangerous while driving is that it requires the driver to break from their standard field of vision. Checking a blind spot usually requires that the driver break contact with the road ahead to look behind their shoulder. Technology continues to improve driver safety with inventions like blind spot indicators. Even still, accidents occur when a driver hits another car in a blind spot. In those situations, who is to blame? Is it the driver who merged into another driver’s blind spot? Or the driver who missed what was in their blind spot?

What is a Blind Spot?

A blind spot is an area surrounding the vehicle that the driver cannot see within their usual field of vision. A driver’s normal field of vision usually includes what’s in front of the vehicle, the car’s peripheral, and what can be seen by side and rearview mirrors.

A blind-spot hides objects, like other cars, cyclists, and pedestrians, from a driver. Despite how a vehicle was engineered, every vehicle has blind spots. There will be objects out of the driver’s direct sight.

The automobile industry has created technological advances to assist with blind spots. For example, many cars now have back-up cameras that assist with object that aren’t in a driver’s normal field of vision. Some cars also have blind spot monitors that alert a driver when they are switching lanes. Even with the creation of these gadgets, it is still important that the driver recognize their blind spots.

Who is Responsible in a Blind Spot Accident?

It depends on the circumstances of the accident. For example, let’s say a driver is preparing to change lanes. The driver looks in their mirrors, turns their head to look at the car’s sides, and determines it’s clear to switch lanes. However, the driver failed to see a vehicle already in the lane because of their blind spot. In such instances, the driver who merged into the other lane will be liable.

Under California law, the responsibility for any accident is determined by the person “at-fault.” However, that doesn’t mean that there is only one party to blame. In any one accident, there may be multiple parties to blame.

Ways to determine blame include showing that the driver failed to exercise reasonable care in operating their vehicle. Police reports, witness statements, and other investigatory tools are used to prove the driver’s negligence, such as if one of the drivers violated any driving laws, like running a red light or speeding. Suppose a driver is already in a lane and sees another car trying to merge. He speeds up to prevent the vehicle from merging, and the two cars collide. Then it is likely that the vehicle driving in the blind spot could be liable.

Therefore, in any blind spot accident, many factors will come into play to determine who is to blame for the accident.

 Contact a Skilled Attorney

The circumstances surrounding an accident caused by a blind spot can be complicated and require expert advice to rectify so that accurate responsibility can be assigned. An experienced attorney at Dan Rose Law Firm can help assess your situation and develop a successful legal strategy.

Ways to Handle a Car Accident Involving Children

Many people experience car accidents in California, however, when a child is involved in the accident, you may feel even more terrified and overwhelmed. While some of the steps will be the same, it is important to highlight both the physical and emotional challenges of handling a car accident involving children.

Physical Injuries of Children in Car Accidents

In some ways, children are more resilient than adults physically, and in other ways, they are much more fragile. Make sure to contact 911 immediately after any car accident involving a child and ask whether or not you should move the child for their safety. If you have any indication that the child is badly injured, make sure that you tell the 911 operator in order to get a better answer as to whether or not you should move the child away from the accident scene. Once the ambulance and medical professionals arrive, they will have the expertise to provide a complete medical evaluation and make the determination whether or not the child should be taken to the emergency room.

Seek Medical Attention for the Child

Even if the EMTs indicates that there is no medical emergency, you should still consider taking the child to their healthcare provider to receive a full medical evaluation. In some cases, serious injuries such as traumatic brain injuries or internal organ damage do not show symptoms until hours or days after the accident. Take the time to make sure that your child receives a complete and full medical evaluation to ensure that they do not have any hidden or serious injuries. In some cases, a child will experience a rush of adrenaline which can mask symptoms or pain following a car accident.

Consider Obtaining Psychological Counseling for Your Child

In many cases involving serious car accidents, children can suffer from psychological damage or even post-traumatic stress disorder. Children often do not understand the experience they suffered in the same way that adults do and need time and assistance to process the fear that they have following a serious car accident. Make sure to get the physical and emotional help that they may need after a car accident. In order to obtain compensation from an insurance company for both physical and psychological injuries, make sure to keep a record of all of your medical appointments and any bills you incur.

Contact an Experienced Personal Injury Attorney

If you had a car accident involving a child, you likely feel scared and unsure of your next steps. We want to help you through this traumatic time. Our experienced attorneys at The Law Office of Daniel H. Rose can help you understand the types of compensation you may have a right to receive for both you and your child after your car accident. Consider visiting with our personal injury attorneys and legal team at 415-946-8900 or online today.

Who Can Be Held Liable for Seizure-Related Car Accidents?

In many car accident cases, there will be a clear indication regarding who is at fault for the crash. However, what if one of the drivers experienced a seizure that caused the car accident? If you experienced a car accident that was related to another person having a seizure, who can you hold responsible and liable for your injuries and losses?

Understanding Seizures

In most cases, seizures occur as a result of a medical condition known as epilepsy. If a person has epilepsy, they may pose a greater challenge to other motorists on the roadway because they could have a seizure. However, seizures are often predictable based on identifiable factors. In the United States, people with epilepsy and other seizure disorders are allowed to drive with some legal restrictions if the condition is controlled by medication.

Seizures and Car Accidents

According to the United States National Library of Medicine, only 11 percent of all car accidents involve individuals who had a seizure as a result of epilepsy. This means that most accidents involving drivers with epilepsy are similar to any other car accident. However, there are instances the driver lost control of the vehicle due to a seizure.

Liability When a Driver Has a Seizure

Drivers with epilepsy and other seizure-related disorders often need to get clearance from their doctor in order to drive a vehicle. If you are in an accident with a driver having a seizure, you may have the right to receive compensation for your injuries and losses from them as a result.

Consider the following questions:

  • Did the driver have a medical history of seizures and know that they may have a seizure while driving?
  • How long was the driver seizure-free prior to the accident?
  • Did the driver receive any treatment for epilepsy?
  • Was the driver taking their medication as required?
  • Did the driver lose consciousness before the car accident? How long did the driver feel they were going to lose consciousness before they had a seizure?
  • Did the driver receive a false recommendation from a doctor regarding their ability to drive?

As a victim of a car accident involving a driver who experienced a seizure, you may be able to file a claim against either the driver or even the doctor who negligently certified that the driver could drive with their medical condition.

Contact an Experienced Personal Injury Attorney Today

If you experienced a car accident as a result of another driver having a seizure, you will need to ensure that a full investigation occurs in order to receive compensation for your injuries and losses. These types of cases can prove to be legally complex and challenging. Learn more about your options to hold the other driver liable for your seizure-related car accident by contacting an experienced personal injury attorney at The Law Office of Daniel H. Rose at 415-946-8900 or online today.

 

Determining Fault for Car Accidents with Disabled Drivers

All states allow people with disabilities to obtain a driver’s license. Many drivers, including teens and those with certain disabilities, are issued licenses with certain driving restrictions. If a disabled driver is involved in a car accident, they will be treated just like any driver involved in an accident. That’s because every driver, whether disabled or not, must prove that they would drive safely and responsibly.

Disabled Driver

A disabled driver is a person who is unable to operate a motor vehicle without special accommodation. The term disabled driver refers to a person who has lost at least one limb and requires a special adjustment to operate a car.

Disabled drivers are required to inform the DMV of their disability. A restricted license will be issued, depending on the disability. The vehicle will also be modified to accommodate the disabled driver. A disabled driver will have their disability status notation on their driver’s license.

California Car Accident Basics

In California, responsibility for car accidents is determined by who is “at-fault.” That means that before an auto insurer pays out any money, they must first find who caused the accident.

There are two ways to determine fault: (1) common law negligence and (2) by a statute. The first, common law negligence, requires proof that the driver failed to exercise reasonable care in operating their vehicle. Police reports, witness statements, and other investigatory tools are used to prove the driver’s negligence.

The second way, proving fault through statute, is easier to prove. California lawmakers have already found certain conduct negligent, like speeding. It’s outlined in the California Vehicle Code. If the driver involved in the car accident violates the California Vehicle Code by running through a red light, then the driver will be presumed to be negligent.

Determining Fault for Disabled Drivers

Aside from the two ways to determine fault listed above, a disabled driver will have additional factors to determine negligence. Usually, negligence will hinge on whether the disabled driver complied with their license restrictions.

Disabled and restricted drivers must abide by the restrictions placed on their driving privileges. If they fail to comply with those restrictions, it will be considered a traffic law violation. Any violation of a traffic law amounts to negligence because those laws exist for safety reasons.
For example, if a disabled driver is required to modify their vehicle for safe operation, and the driver failed to use that equipment, that can be a traffic citation. Anyone injured in the accident will be able to use the citation as evidence that the disabled driver was negligent because they failed to comply with required safety requirements.

Contact an Experienced Personal Injury Attorney

The issue of negligence in an auto accident doesn’t end when one party shows that the other was negligent. Even if one party was negligent in California, damages could be reduced if the other party also acted negligently. Contact our attorneys at 415-946-8900 or at Dan Rose Law to schedule a free consultation about your specific case.

How Gap Insurance Can Help You After a Car Accident

GAP Insurance, or Guaranteed Asset Protection, fills the gap between the auto insurance company’s payout and the actual damages. Even though California requires all drivers to have car insurance, there are many instances when damages can be higher than a driver’s coverage limits. Other times, the driver who caused the accident may not have insurance at all. Having gap insurance is not required, but it can lessen your out-of-pocket expenses if you are involved in a car accident.

In California, the minimum policy insurance limit required is $15,000 for personal injury and $30,000 for personal injuries if multiple people are involved. The minimum limit for property damage is $5,000. Therefore, if a driver does not carry full coverage insurance, the chances of damages from a car accident exceeding policy limits are very likely.

GAP Insurance

The purpose of GAP insurance is to cover the difference between what’s owed to the lessor for a totaled vehicle and the fair market value that car insurance pays on a total loss. Most new cars lose a full 20 percent of their value within the first year. Depending on the vehicle, the price paid, and interest rates, the balance remaining can sometimes be more than the car’s actual value.

Where standard auto insurance policies only cover your vehicle’s actual cash value at the time of the accident, the gap insurance can provide the driver with the exact amount still owed on the car. Gap insurance may be more beneficial in accidents involving a new or leased car.

Car Accidents

In California, the most typical auto-insurance policies include:

  • Bodily injury liability
  • Property damage liability
  • Uninsured/underinsured motorist. Covers expenses if the at-fault party doesn’t have enough insurance to cover damages.
  • Personal Injury Protection. Also referred to as PIP or no-fault. This type of coverage is provided as per-person or per-accident limits. It’s used to cover medical expenses, rehabilitation, disability, or loss of income caused by a car accident.

 GAP insurance does provide restitution for bodily injury, emotional trauma, medical expenses, or other damages incurred from a car accident. GAP insurance’s primary purpose is to protect buyers from the cost of financing a new vehicle. GAP policies are only applicable to vehicle losses.

To find out what your particular Gap insurance covers, it is crucial to understand the details of your policy. For example, Gap insurance usually provides restitution for major damage or total loss. It usually doesn’t cover ordinary maintenance on a vehicle.

Involved in a Car Accident

In California, a person injured in a car accident has two years from the accident date to file a personal injury claim. Once this two-year time frame passes, the injured person is no longer entitled to collect injuries.

Understanding Options if Damages are Greater Than Insurance Coverage

The at-fault party’s policy limits do not bind you. If you are injured, you may seek compensation beyond the auto insurance policy limitations. Other options may include:

  1. Identify Other Liable Parties

Sometimes, there may be more than one party responsible for the accident. If another party is also responsible for the accident, the injured party can recover damages from them.

  1. Sue the Liable Party Beyond Their Insurance Coverage

If the at-fault party’s policy limits do not cover your damages, you have the right to sue the individual if their negligence caused your accident personally.

  1. File a Claim Against Your Uninsured Motorist Policy

Contact a Skilled Attorney

Deciding on whether Gap insurance is the right decision for you depends on your financial circumstances. Speak to an experienced personal injury attorney at the Dan Rose Law Firm to help make the right decision for you.

What Happens if You Get into a Car Crash in Another State?

The last thing that anyone expects is to have a car crash in another state. Whether you are visiting another state for business or for a vacation, a car accident can cause many different types of complications. Having a car accident in unfamiliar territory with a different set of state laws may make you ever more stressed and anxious. Learn more about your legal rights following a car crash in another state below.

Car Insurance Coverage in Another State

Every state has a different set of minimum standards that all drivers must maintain regarding their car insurance coverage. While every state has different minimum standards, your car insurance will likely cover the standards of all states. This means that if you travel to a different state that has higher financial threshold limits for both personal or property damage, your car insurance will (in most cases) provide you that minimum level of coverage under your policy. Always take the time to read your actual policy as well as visit with a representative to make certain of all of your coverages and legal rights. If you ever have any questions regarding a discrepancy between what the insurance company representative is telling you and what you believe your policy covers, consulting with an experienced personal injury attorney can ensure that your rights remain protected.

No-Fault Insurance States

Again, every state has a different set of rules and regulations regarding car insurance. No-fault insurance states are ones in which the insurance policy of the victim must pay for injuries and losses suffered by that victim. This is the case even if the victim was the responsible party that directly caused the accident. The states that are considered “no-fault” insurance states are Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah. If you experience an accident in one of these states, visiting with an attorney can help you better understand the process by which you have a legal right to receive compensation from your own insurance company.

Differences Between Comparative Fault and Contributory Negligence

States have different ways of also handling fault and responsibility with respect to car accidents. Some states have a comparative fault standard, while others have a contributory negligence standard. These are complicated legal standards, and some states allow a victim to still receive compensation for their injuries even though they are partially responsible for the accident, while other states indicate that a victim must only remain less than 50 percent responsible for the accident tin order to receive compensation.

Contact an Experienced Car Accident Attorney

While you may have an insurance policy that will cover the injuries and losses of others if you were negligent in a car accident, there are also many circumstances in which you will also be able to receive compensation for your injuries and losses. You could still be awarded damages from your own insurance company, even if you were partially to blame for your accident. Every state has specific laws, and in order to better understand your legal rights, contact an experienced car accident attorney at The Law Office of Daniel H. Rose at 415-946-8900 or online today.

What Happens When a Car Accident Claim Exceeds Insurance Limits?

If you experienced injuries and losses as a result of a car accident caused by someone else’s negligence, most victims understand that they have the legal right to receive compensation from an insurance company for their medical bills, loss of wages, property damage, and pain and suffering. However, in some cases, a car accident is catastrophic with severe injuries and losses. As a result, the car accident claim of the victim exceeds insurance limits. If you filed a personal injury claim, learn more about your legal rights regarding what to do if you claim exceeds the negligent party’s insurance limits.

Car Insurance Policy Limits

Every person will have a different insurance company and a different insurance policy within that company, which offers different coverage limits. While every driver must have the minimum amount of coverage under the law of their state to operate a motor vehicle legally, there are often different levels of coverage to choose from by a policyholder. If a car accident policy only allows for a $50,000 limit for the personal injuries of a victim, what happens when the victim suffers such severe injuries that their medical bills exceed that amount? The insurance company does not have a legal obligation to pay any amount of compensation to a victim in excess of the policyholder’s limits, which may make obtaining full and fair compensation unattainable through the insurance policy alone.

California Insurance Policy Minimum Standards

According to California Insurance Code §11580.1b, the following are the minimum amounts of insurance coverage that every driver in the state must legally carry:

The minimum coverage amount of $15,000 for injury to one person involved in a car accident in California is quite low. Therefore, a victim must look to other options in order to reimburse their costs for medical bills, lost wages and property damage.

Options When a Car Accident Claim Exceeds Insurance Limits

If you suffered injuries or losses in a car accident and your economic and non-economic losses exceed those covered by the negligent party’s insurance policy, the following are some legal options available to you:

  • File a personal injury lawsuit against the negligent party for the remainder of your losses
  • Attempt to recover additional compensation from your own insurance policy, if possible
  • File a personal injury lawsuit against another defendant who has legal liability with respect to the car accident, if applicable
  • File a claim under an “umbrella policy” held by a negligent party, if the negligent party is a larger business or corporate entity, such as a trucking company or business that the driver operated a motor vehicle for at the time of the accident

Contact an Experienced Car Accident Attorney

You have many legal options available to you following a car accident in which your claim exceeds the negligent party’s insurance limits. Learn more about your options by contacting an experienced car accident attorney at The Law Office of Daniel H. Rose at 415-946-8900 or online today.

Hit by a Drunk Driver? What You Need to Know About Settlements

It is every driver’s responsibility to drive safely according to California’s traffic laws. Unfortunately, not every driver takes that responsibility seriously. Too many times, accidents involve one driver who was driving drunk. These accidents may be especially dangerous because the drunk driver’s reflexes have been hindered, potentially causing greater damage. If you have been hit by a drunk driver, you may be immediately contacted by the drunk driver’s insurance company seeking to settle because they want to pay the minimum amount as quickly as possible.

Settling is attractive because you will not have to go through litigation, which can sometimes take years. You may also need some money immediately to help with your bills from the injuries suffered. However, before you sign anything, here’s what you need to know.

Don’t Settle Right Away

If you are considering a settlement, you want to keep in mind how long you have to file a claim. That way, if you can’t agree on the terms of the settlement, you still have protection from the courts. In California, a victim of a drunk driving accident has two years from the date of the accident to file a personal injury claim with a court of law. Drunk driving accidents are treated just like other car accidents. That means that once the two-year mark passes, which is also known as the statute of limitations, you can no longer collect compensation for your injuries.

However, that doesn’t mean you should rush into a settlement. Most insurance companies will ask you to sign a “release of liability” form when you agree to settle. That will prevent you from seeking any other damages from the car accident if future injuries develop at a later time, no matter how severe.

In California, nothing prevents you from filing a suit while the drunk driver is also being criminally prosecuted for DWI. However, if the other driver has been convicted of or pleaded guilty to driving under the influence or other charges associated with DUI, then you would be in a better position to settle for a larger amount.

Types of Damages

When settling, it is important to understand what you are entitled to. If you have been injured in a drunk driving car accident, you are entitled to compensation, called damages. Damages are a monetary award because there is no other way to mend broken bones or soothe emotional injuries. The amount awarded however, is specific to the injury of the victim, as well as the conduct of the party at fault. Types of economic damages include:

Medical Expenses. You are entitled to the cost of any medical treatment associated with the car accident. That includes doctors’ appointments, surgery, hospitalization, prescription medications, etc. You are even entitled to medical expenses that you have not yet incurred, such as potential future medical bills.

  • Lost Wages. If your injuries associated with your car accident prevented you from working, you can recover those wages. For those with severe, life-altering injuries, you may also be eligible to recover future lost wages.
  • Pain and suffering. This category of damages refers to numerous non-financial damages. It can include both physical and emotional pain.
  • Punitive damages. Punitive damages are rare, but justifiable in some cases when the liable party’s actions that led to the accident were especially horrendous.

If you have been hit by a drunk driver and have been offered a settlement, it is important to contact an experienced attorney to protect your rights. Even though we understand that money cannot change the situation, at Dan Rose Law, we will fight hard to protect your rights to get you the compensation you need. We invite you to schedule a consultation, at no cost to you, by calling 415-945-8900 or scheduling online to discuss your case.

Ways to Prove PTSD Damages on your Personal Injury Case

If you have been involved in a car accident or other terrifying event, the person who caused you harm is not only responsible for your physical damages, like your medical bills and property damage. They are also responsible for your emotional harm, such as Post-Traumatic Stress Disorder (PTSD).

PTSD is a medical condition that is triggered by a terrifying event. Depending on the event and the person, PTSD can be relatively minor. However, there are many cases when PTSD can be severe. Some PTSD symptoms include flashbacks, nightmares, and severe anxiety. There may also be uncontrollable thoughts about the event. These symptoms can sometimes prevent a person from their everyday normal activities.

If you suffer from PTSD due to a reckless or negligent driver, you may want to include that in your lawsuit. It is important that all your injuries are properly compensated. However, because most of this harm is done inside the mind and body, it is difficult to prove PTSD and its harm, to a jury. Here, we explore ways that you can convey to a fact finder – usually a jury or a judge – that you suffer from PTSD and the extent of your injuries.

How to Succeed in a PTSD Lawsuit

When you bring forward a personal injury suit, you will be responsible to prove certain elements to the fact finder. These include:

(1) Injury. You must prove that you suffered PTSD. That injury must be evident through symptoms, tests, and usually through testimony from an expert witness.

(2) Causation. There must be a link between the PTSD suffered and the car accident. That means that the PTSD was a result of the car accident.

(3) Recoverable Damages. Damages are monetary awards to the injured party. Damages usually work to make the victim whole again. Damages will always be specific to the injury of the victim and the conduct of the party at fault. However, at a minimum, you can expect to recover your own out-of-pocket expenses.

Expert Witness

An expert witness has special knowledge in a particular field that is important to the case. Expert witnesses are necessary in a PTSD lawsuit settlement because the average person may be unable to determine whether a plaintiff can be diagnosed with PTSD. Also, the average juror may not be able to understand the severity of PTSD.

An expert witness does at least two things in a PTSD case for the jury. First, the expert witness must explain to the jury, in a way they can understand, what is required to diagnose PTSD. The expert witness is essentially helping the jury to understand what PTSD is, and what facts must be present to establish a diagnosis PTSD. That way, the jury can make a finding whether the plaintiff has exhibited those symptoms. Second, the expert may give additional testimony as to whether the plaintiff has shown symptoms associated with a PTSD diagnosis.

In some cases, the expert witness is the therapist who is treating the plaintiff. In these cases, if the therapist has personally witnessed the plaintiff exhibit all the symptoms of PTSD and has diagnosed them with PTSD, then the expert witness also becomes a fact witness. This means that not only can the expert witness help the jury understand what is needed to diagnose PTSD, but they also have personal knowledge that the plaintiff has PTSD.

The more credible sources a plaintiff can provide to the jury about what PTSD is, and whether they have exhibited those symptoms, the stronger the case will be.

What Factors Determine the Value of a PTSD Lawsuit Settlement

Just because the plaintiff can prove they suffer from PTSD, doesn’t mean that they will be awarded damages. The severity of the damages will affect the value of the settlement. For example, if the victim of PTSD suffered job loss and/or pain and suffering, they may be able to receive compensation.

  • Severity of the injury. Documenting mental injuries are more difficult than documenting physical ones. However, it is critical to a PTSD case. To show the extent of your injuries, you can provide evidence showing the need for therapy, the need for medications, time lost from work, and other loss of other activities.
  • Inability to work. Document how PTSD has affected your day-to-day life and your ability to provide for yourself. This can include the amount of time missed from work, job loss, and even lost future income.

If you have been involved in an accident and suffer from PTSD, it may be difficult to prove. However, when a PTSD lawsuit is won it is worthwhile. The experienced attorneys at Dan Rose Law will ensure that your case has all the elements for success. We invite you to schedule a consultation, at no cost to you, by calling 415-945-8900 or online.