What is the Value of a PTSD Case – Uber / Lyft Car Accident Lawyer

It’s hard to think what life was like before rideshare apps, when you couldn’t just order a ride, day and night, right from the comfort of your smartphone. Most people agree that Uber and Lyft have revolutionized transportation as we know it, but unfortunately, all innovations have their downsides. Primarily, an increase in the number of Uber and Lyft vehicles means more car accidents that can injure passengers, the driver, other motorists, and innocent bystanders.

When people think of car accident injuries, they normally consider physical damage, like broken bones, concussions, burns, and whiplash. However, the emotional injury from a car accident is just as damaging to a person’s well-being. In some cases, the emotional trauma is severe enough to result in long-term conditions, like anxiety, depression, and post-traumatic stress disorder (PTSD). Of all these conditions, PTSD is particularly difficult to recover from, as there are many triggers that can bring back the memory of a car accident. Most victims need help for months, or even years, from a mental health professional to move on from their accident. But the costs of therapy, medication, and other treatments can be expensive, especially if you’re underinsured or have no health insurance.

Fortunately, Uber and Lyft offer up to $1 million of insurance coverage for accidents involving their drivers. But coverage descriptions for both companies refer only to “bodily injuries,” which may lead you to ask:

• Can I get paid for post-traumatic stress in a Lyft / Uber accident case?
• How much can I get if I sue Uber / Lyft for my PTSD?
• How long will it take to settle a case for PTSD with Uber or Lyft?

To answer these questions, we’ll need to go over how rideshare insurance coverage works, depending on who you are in the accident. Additionally, we will talk about the effects of PTSD after a car accident and the value of a PTSD case if you were involved in a Lyft or Uber accident. However, there is only so much we can go over, nor can we give information specific to your situation. For questions about your own case value, contact our office and speak with an experienced rideshare accident lawyer.
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What is Post-traumatic Stress Disorder?

Post-traumatic stress disorder, or PTSD, is a mental health disorder affecting people who have experienced or witnessed a traumatic event. These events include, but are not limited to: natural disasters, terroristic acts, combat during war, murder, sexual assault, serious accidents, and death. Symptoms of post-traumatic stress disorder include:

• Intrusion

Memories, dreams, and flashbacks intrude the patient’s mind, to the point where they feel like they are reliving the event.

• Avoidance

The victim avoids places, activities, people, and other things that trigger memories of the event. Friends and family members typically notice that victims will avoid talking about what happened.

• Arousal and reactivity

Symptoms include mood swings, anxiety, overreacting (often with anger), and paranoia. The patient may have trouble sleeping or concentrating because they’re always on alert for dangerous people or situations.

• Cognition / mood alterations

Distorted thoughts or memory lapses about the event can alter the victim’s perception of themselves and others. As a result, victims may struggle with self-loathing and/or a sense of detachment from others. They may also have difficulty feeling happy or expressing positive emotions.

If you’ve been in a car accident and one or more of these symptoms resonate with you, please seek help from a licensed therapist. They can help you manage your symptoms and regain a sense of normalcy, but your chance of recovery depends on how soon you get help.

How do I Know if I have PTSD after a Car Accident?

Like any psychiatric disorder, PTSD must be diagnosed by a mental health provider. However, PTSD is common among Uber and Lyft car accident victims. Whether you’re the driver, passenger, or someone who was hit by a rideshare vehicle, please seek help if you experience any of the following symptoms:

• Frequent or on-going memories of the accident that you can’t control
• Fear of driving
• Anxiety when you enter a car or think about driving
• Paranoia of your surroundings (for ex, always on the lookout for cars)
• Trouble sleeping or nightmares about the accident
• Excessive anger or irritability
• Emotional detachment from others or activities you previously enjoyed

Getting help right away is the key to resuming a normal life and maintaining relationships with your loved ones. However, the cost of therapy, medications, and time off from work quickly add up. A PTSD lawsuit against Uber or Lyft can help cover these costs and ensure that you are properly compensated for your mental injuries. For more information on suing Lyft or Uber for emotional distress, please give us a call at our office.

Can I File an Insurance Claim with Uber / Lyft for PTSD?

Yes, you can include PTSD and other forms of emotional distress in your insurance claim with Uber or Lyft. Even though their policy only mentions “bodily injury,” California law recognizes the significance of emotional trauma resulting from a car accident. Furthermore, victims can suffer from mental anguish due to their physical injuries and the losses that are caused by those injuries.

But what if your physical injuries aren’t that serious or you’re not physically injured? Can you recover compensation just for PTSD? That’s more difficult to do through an injury claim, as insurance companies are focused on specific dollar amounts. However, coming up with a dollar value for emotional distress is challenging, and insurance companies will use that fact to deny your claim or pay you as little as possible.

If your claim is rejected, or the insurer does not make you a fair offer, you have the option of suing Lyft or Uber for your post-traumatic stress. A lawsuit based solely, or largely on emotional distress can be filed under the following circumstances:

• You were put in imminent danger of your life or physical safety.
• You witnessed the death or attack of a family member or loved one.
• Your character was defamed by the defendant (person or entity you are suing).
• You’ve developed a mental health disorder as a result of someone else’s negligence.

That last circumstance probably rings a bell with you if you’ve been diagnosed with PTSD following a car accident with an Uber or Lyft vehicle. So now you know that a lawsuit for PTSD, even without physical injuries, is possible in the California courts. However, these lawsuits are quite complicated as there is no set formula for calculating emotional damage (pain and suffering) in California. A lawyer that’s experienced in Uber / Lyft accident lawsuits can determine a fair amount to ask for, and make the expert legal argument to win your case.

Average Value of a PTSD Lawsuit Againt Uber or Lyft

The value of your Uber or Lyft accident case for PTSD depends on the complexity of your accident, the severity of your symptoms, and the effect these symptoms have on your life. To illustrate how these factors work in determining a case value, take a look at the following settlements:

• An Uber driver slammed into a retaining wall after she was rear-ended by another driver. Uber offered her $7,000 for her physical injuries but refused to pay for her emotional distress, even after she was diagnosed with PTSD. The case was settled for $400,000 right before the trial date.

• A man suffered panic attacks, flashbacks, and extreme mood swings after his Lyft driver slammed into a guardrail. The passenger file a claim for emotional distress following a diagnosis of PTSD, but Lyft refused to pay because his physical injuries were relatively minor. The man filed a lawsuit and eventually agreed to a settlement of $150,000.

• The plaintiff sustained a skull fracture and broken bones when an Uber driver crashed into him. He was in and out of consciousness as he was transported to the hospital, and was certain he would die. Though he was offered $250,000 for physical injuries, the insurers refused to pay for his PTSD. The case went to trial, where a jury awarded the victim $2.5 million for his economic and emotional damages.

• A woman suffered from PTSD after a Lyft driver cut her off and forced her off the road. The insurance agreed to pay $2.500 for her injuries, but argued that the accident was not the cause of her PTSD. Medical assessments and expert testimony was gathered by her attorney, and the case was settled for $55,000.

These figures show a wide range of values, and it’s clear that accidents with serious physical injuries are worth more in general. Still, the victims in the second and last example only had minor injuries, so most of their award was for post-traumatic stress. The key was having a skilled attorney, who knew how to fight for their rights. Our attorneys can do the same for you if you’re struggling from PTSD or other mental disorders after an Uber or Lyft accident.

How Long does it take to Settle a Claim for PTSD?

Settling a claim for PTSD resulting from a car accident can take anywhere from a few months to several years. Ideally, you would send a demand letter to the insurance company for a specific amount of damages and documents to support your request. They will agree to pay the amount you’re asking for, or something close to it. But the initial offer from Uber of Lyft’s insurance company is likely to be much less than what you deserve. If you haven’t done so already, you should find an attorney who can help you negotiate with the insurers. Depending on the stubbornness of the insurance company and the time in between each offer and counteroffer, it could be 6 months to a year before you both agree on the numbers.

If negotiations are unsuccessful, you will need to file a lawsuit against Uber or Lyft. In all honesty, this is probably the route you will be taking in a compensation claim for PTSD. Even with all the available knowledge on mental disorders, insurance companies continually resist paying for damages like PTSD. Generally, they argue that they’re only responsible for physical injuries, which is not true. When that doesn’t work, they claim that the victim had PTSD prior to the accident, or that something else after the accident caused their post-traumatic stress.

This is not surprising to us, as lawsuits for pain and suffering are some of the hardest to win. To be successful in a lawsuit, you’ll need to work with a lawyer that has extensive experience in Uber or Lyft lawsuits, as well as injury claims for emotional distress. Our attorneys’ success rates in these areas speak for themselves, but all lawsuits take time to resolve, especially if they go to trial. Most of our lawsuits are settled via mediation, which will spare both sides from the time and expense associated with a trial. However, it will probably be 1 to 2 years from your accident date by the time your case is settled through mediation. If mediation is unsuccessful and we go to trial, it could be another year or two for a jury to reach a verdict in your case.

We’re upfront about the timeline for these cases, because victims deserve the truth when it comes to their rights and legal options. When and if you should accept a settlement and how far you want to take the lawsuit process is always up to you. But a good lawyer should always be there, advising you on the pros and cons of each decision, and fighting aggressively for the compensation you deserve. If you’d like to learn more about suing for PTSD after an Uber or Lyft accident, don’t hesitate to give us a call.

Why is my Lawyer not Helping me with my PTSD case?

While we can’t read your lawyer’s mind, we know that less experienced attorneys usually avoid injury claims or lawsuits for PTSD. It’s harder to make a case for “invisible” injuries, and as a result, they’ll try to convince the client that it’s pointless to seek compensation for emotional distress. However, settlements across the country prove otherwise, so you shouldn’t give up on the pursuit of monetary compensation for PTSD. However, you will need to work with a highly skilled rideshare accident lawyer, which brings up the question:

“Can I fire my lawyer in the middle of a case?”

Yes, even if you have an active lawsuit, you can find a new attorney if your current lawyer is unable to meet your needs. But you should be aware of the terms for ending your contract, which we will be happy to explain to you during a free second opinion. During this consultation, we can discuss all the issues you’re having with your lawyer, including their reluctance to seek damages for your post-traumatic stress. We can also talk to you about the pros of working with us, and our methods for recovering the full value of your losses. If switching over to us in the right choice for you, we will take care of the entire transfer process so that you have one less thing to worry about.

For a free evaluation of your case and your legal options as a PTSD victim, contact our office and schedule a free second opinion.

Put Your Trust in Normandie

PTSD and other mental disorders affect up to 50% of all car accident victims, yet far too many of them fail to get the treatment they need and deserve. Aside from social stigma, money, or lack thereof, is the main reason victims struggle on their own. Recovering from and managing PTSD throughout your life is expensive, and it’s essential for victims to demand compensation from the responsible parties. Sadly, Uber and Lyft have poor track records when it comes to claims involving mental health issues. That’s where the lawyers of Normandie can help, with our many years of winning cases for rideshare drivers, passengers, and third party victims.

When you choose Normandie, you can trust that we will treat you like family from day one. You can trust in our Zero fee guarantee, which means there is no cost to you for any of our services. All payments are deferred until you receive the settlement you’re entitled to. And if we don’t win your case, we eat the costs and stand by our promise of “We don’t get paid unless you get paid.” So there is no risk to you whatsoever, whether you come to us with a pending lawsuit or want to start a claim for PTSD resulting from a Lyft or Uber accident.

Please take a chance and put your trust in the attorneys of Normandie. We look forward to meeting you during a free initial consultation or free second opinion.