Did I wait too long to claim my son's PTSD after our deer crash?
$150 to $300 a therapy session adds up fast, but in Maine you usually have more time than insurers want you to think.
The plain-English rule is this: for most Maine personal injury claims, the deadline is 6 years from the crash date. That can include PTSD, anxiety, sleep problems, panic in cars, and depression even if your child had no obvious broken bone or scar. Waiting months does not automatically kill the claim. What hurts cases is waiting so long that there is no clean paper trail tying the mental health symptoms to the wreck.
The big exception is if a city, school department, or other government vehicle was involved. Then Maine's Tort Claims Act can require much faster notice, often within 180 days. South Portland city vehicles are the kind of detail that changes the timeline fast.
Here is how it plays out in real life. Say your family was hit during fall deer movement on US-1 near South Portland, or swerved to avoid a deer and another driver crashed into you. Your son looked "fine" at first, but 8 months later he still refuses to ride at night, wakes up after nightmares, and melts down when you pass wooded stretches. That is still a claim issue, not "too late," if you start building proof now:
- get a pediatrician visit documenting when symptoms started
- begin treatment with a licensed counselor or psychologist
- save school records showing behavior changes, absences, or drop in grades
- keep receipts for copays, prescriptions, and travel
- gather the crash report from the investigating agency
Maine juries do listen to psychological-injury claims, but they want to see consistent treatment, not just a parent saying the child is different. The closer the records connect the fear and behavior changes to the crash, the stronger the damages claim for treatment costs and your child's ongoing suffering.
Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.
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