Trauma doesn’t always leave bruises or broken bones. Sometimes, the most painful injuries are the ones you can’t see. If you’ve experienced a life-altering event and find yourself struggling with anxiety, nightmares, or flashbacks, you may be dealing with post-traumatic stress disorder (PTSD).
But emotional distress claims can be complex. Insurance companies are quick to question psychological injuries, and proving PTSD in court takes strong evidence and the right legal strategy. That’s why it’s so important to have a personal injury attorney who understands how to handle these sensitive cases and who believes in the legitimacy of mental health struggles.
If you’re considering suing for PTSD, there are legal pathways available to help you get compensation for therapy costs, lost income, and the emotional toll PTSD has taken on your life. Our experienced Montgomery personal injury lawyers can help!
Can You Sue for PTSD After an Accident or Traumatic Event?
You can sue for PTSD after an accident or traumatic event. PTSD, or post-traumatic stress disorder, is a serious mental health condition that can develop after a person experiences or witnesses a terrifying event. PTSD can affect every part of your life, from your ability to work to your relationships and overall well-being.
In personal injury law, emotional injuries like PTSD are just as valid as physical ones. If someone else’s negligence or wrongdoing caused the trauma that led to your PTSD, you may be able to file a personal injury claim for compensation.
Proving Emotional Distress in a Personal Injury Case
When you’re dealing with PTSD after an accident or traumatic event, the law gives you the right to seek compensation for what you’ve been through. To make a strong case, you’ll need to show clear proof that your emotional suffering is serious and that it’s connected to what happened.
Here’s what that usually looks like in a personal injury claim:
- A Professional Diagnosis: It’s important to have a licensed therapist, psychologist, or psychiatrist diagnose you with PTSD or another emotional condition. Self-diagnosis isn’t proof in court. You need someone who can speak to your condition with clinical authority.
- A Clear Link to the Incident: There has to be a direct connection between the traumatic event and your emotional distress. In other words, the accident or situation you went through must have caused or triggered your PTSD.
- Ongoing Treatment: Receiving treatment and following it not only aids in recovery but also strengthens your case. It demonstrates to the court that your symptoms are severe enough to require professional care.
What Types of Incidents Commonly Lead to PTSD Claims?
Here are some of the most common types of incidents that can lead to a PTSD claim:
- Car Accidents: A violent crash, especially one involving serious injuries or fatalities, can leave lasting emotional scars. Many survivors report flashbacks, nightmares, and severe anxiety long after the accident.
- Slip and Fall Accidents: While they may sound minor, a slip or fall that causes severe injury can be traumatic, especially for older adults or those who develop long-term impairments.
- Workplace Accidents: Workplace accidents can put you at risk of injury. Falls, explosions, or traumatic injuries on the job can trigger PTSD.
- Acts of Violence or Assault: Victims of physical or sexual assault often experience PTSD. The emotional impact of these events can disrupt every part of life, from trust in others to feeling safe in familiar places.
- Medical Trauma: Medical malpractice, surgical errors, or childbirth complications can sometimes result in PTSD, especially when the patient feels helpless, violated, or afraid for their life.
Medical Evidence and Expert Testimony in PTSD Lawsuits
When you’re filing a lawsuit for PTSD, one of the most important, and often most challenging, parts of the case is proving that your emotional trauma is real and serious. Unlike a physical injury that can be shown with an X-ray or a medical scan, PTSD is internal. It’s invisible to the eye, but very real to those who experience it.
The first step is having a formal diagnosis from a licensed mental health professional, such as a psychologist or psychiatrist, who can evaluate your symptoms and determine whether they meet the criteria for PTSD.
This diagnosis forms the foundation of your case. From there, your treatment records, such as therapy notes, medication history, and progress reports, can help paint a fuller picture of what you’ve been going through.
In many PTSD cases, expert testimony plays a major role. Mental health professionals can explain how the trauma you experienced is directly connected to your symptoms and why your response to the event is consistent with someone living with PTSD.
These experts help translate complex psychological concepts into something judges and juries can understand, often making the difference between a strong case and one that falls short.
In addition to clinical experts, statements from people who know you well, such as family members, coworkers, or close friends, can also be helpful. These individuals can describe noticeable changes in your behavior, personality, or mood since the incident. These observations, while informal, can support the medical evidence and reinforce that what you’re experiencing is very real.
How Much Compensation Can You Receive for PTSD?
Determining the “right” amount of compensation for PTSD isn’t an exact science, because everyone’s experience is different, and the ways trauma can upend your life are as varied as the people who live through it.
In a personal injury claim, compensation for PTSD usually includes things like:
- Medical Bills: This could cover therapy sessions, psychiatric care, medications, and even future treatment if you’re likely to need ongoing help.
- Lost Wages: If PTSD has kept you from working or forced you to reduce your hours, you can be compensated for that lost income.
- Pain and Suffering: This includes the emotional toll, anxiety, flashbacks, sleep problems, and all the ways PTSD affects your day-to-day life.
- Loss of Enjoyment of Life: If PTSD leaves you unable to participate in hobbies, social events, or even simple everyday pleasures, that reduction in quality of life is compensable.
Contact an Experienced Montgomery Personal Injury Lawyer
Suing for PTSD does require careful preparation. These cases are complex and often hinge on strong medical evidence and expert testimony.
At Hunter | Everage, we approach every PTSD lawsuit with empathy, strategy, and determination. We know how sensitive and personal these cases are, and we take the time to understand what you’re going through.
If you’re still unsure whether you have a case or are unsure of the right steps to take, contact our Montgomery personal injury lawyer at 704-377-9157 to schedule a free consultation. Let us be your voice in this difficult time.