When working in dangerous environments, especially with the US military and with strategic infrastructure, accidents can leave both debilitating physical and psychological scars. Today, Post Traumatic Stress Disorder (PTSD) is well-recognized as a valid condition to substantiate your claim in personal injury law.
However, a person alleging PTSD as the grounds for their claim must prove their “injury” similarly to every other type of injury. This can come with unique challenges. Find out how PTSD lawyers work around these challenges in this brief breakdown.
Challenges in Life
PTSD and its variants can become a significant hindrance in life. It can make working in some environments difficult, and the anxiety can paralyze the affected in even the most banal situations. In some cases, it even drives uncontrolled behavior toward criminal outcomes.
Because these challenges can have legal ramifications, the law also provides some solutions. Civilians working with the military can claim compensation under the Defense Base Act. Service members go through a similar process but with the Veterans Administration (VA).
Making a claim in one of these ways follows a process similar to any other injury.
Compensation Claims and Other Forms of Relief for PTSD
Making a claim in terms of the Defense Base Act (DBA) or with the VA entails several steps. First, you need to report and record the incident. The closer the report is in time to the incident, the stronger it is as evidence.
Second, you need to get treatment. This is especially important in PTSD cases. PTSD requires an evaluation and diagnosis by a professional to qualify as grounds for a compensation claim.
Each of these steps can pose legal challenges in their own right. You should also get a Defense Base Act Lawyer or personal injury lawyer to help with the process. They can speed up filing and help you compile the correct evidence.
Key Challenges in Proving PTSD as the Foundation for a Claim
During the case, you have to prove three things. First, you must prove that a traumatic event occurred (hence the documented evidence mentioned above). Second, you now suffer from PTSD.
Third, you have to prove that the incident caused the PTSD. The second and third requirements need particular evidence backing them up. In most cases, the word of a psychiatric specialist is sufficient, and the parties settle without going to court.
However, sometimes a personal injury case makes it to court. This is when you’ll need a Defense Base Act Attorney to show the court your evidence, argue that your case meets the requirements, and ask for the damages you wish to claim.
Why Work With PTSD Lawyers
If you have a PTSD case, it’s best to work with PTSD lawyers with experience dealing with the process and evidence involved. Because PTSD is a psychological condition, it requires particular evidence and argument. This can sometimes be quite challenging.
For a civilian contractor, a DBA lawyer will be able to help you with your DBA claims. The VA exists exclusively for military personnel, and they can use civilian or JAG attorneys.
Our mission at Barnes Law Firm is to look after our clients the way they contributed to looking after our country. Find the legal help you need from an expert personal injury and DBA attorney today.