I was in a really bad accident on the freeway a few months ago. I was not at fault but I ran into the back of a car because they had crashed into a motorcycle and then slammed on their breaks. The people on the motorbike both died at the scene. I've been having terrible nightmares since the accident, have been depressed and have now been diagnosed with Post Traumatic Stress Disorder (PTSD). Can I claim for this as part of a personal injury claim?
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Answer by LegalEagle™ staff, Northcote 3070 VIC
- Yes. A psychological injury is still a type of personal injury.
- You will need to follow the same claims process as for any physical injury.
- Whether you have a successful claim or not depends on your ability to prove that there was fault or negligence on behalf of the other driver who caused the crash.
- You should ensure that you keep records of all doctor visits, medical treatment expenses and how the PTSD is affecting your life on a daily basis.
- The first thing you need to do is lodge a notice of claim form against the person who caused the accident. You can find out how to do this by reviewing the chapters of this guide.