Can I claim personal injury for PTSD?

Can You File a Personal Injury Claim for PTSD?

Imagine being in a serious car accident, experiencing workplace harassment, or witnessing a traumatic event. Even if you walk away without a physical scratch, the emotional toll can be overwhelming. But can you file a personal injury claim for PTSD (Post-Traumatic Stress Disorder)? The short answer is yes—but proving and winning a PTSD claim requires strong evidence, expert testimony, and a well-prepared legal approach.

In this article, we’ll break down what PTSD claims involve, who qualifies, how to prove damages, and what compensation you might expect.

What is PTSD in a Legal Context?

PTSD is a psychiatric disorder triggered by experiencing or witnessing a traumatic event. Symptoms include flashbacks, severe anxiety, depression, and emotional detachment. While PTSD is often associated with combat veterans, it can also result from:

• Car accidents
• Workplace accidents or harassment
• Physical assaults
• Medical malpractice
• Extreme emotional distress caused by negligence

Under personal injury law, PTSD is considered a non-economic damage, similar to pain and suffering. However, proving its impact on your life can be more challenging than physical injuries.

For an in-depth medical perspective, the National Institute of Mental Health (NIMH) provides an overview of PTSD symptoms and treatments (NIMH, 2023).

When Can You Claim Personal Injury for PTSD?

To file a personal injury claim for PTSD, your case must meet specific legal criteria:

1. You Suffered a Traumatic Event Due to Negligence

• The trauma must be caused by another party’s negligence or wrongful act (e.g., reckless driving, unsafe work conditions, violent assault).

2. You Have a PTSD Diagnosis

• A licensed mental health professional must diagnose PTSD based on criteria from the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) (American Psychiatric Association, 2022).

3. You Can Prove Causation

• Medical records, therapy notes, and expert witness testimony must show that the PTSD stems directly from the event in question.

4. You Have Suffered Measurable Damages

• Lost wages, medical expenses, therapy costs, and reduced quality of life can all be considered damages in your claim.

How to Prove PTSD in a Personal Injury Case

Unlike broken bones or visible scars, PTSD is an invisible injury, which makes proving it in court more complex. Here’s what you need to strengthen your case:

1. Medical and Psychological Documentation

• A formal diagnosis from a psychiatrist or psychologist
• Therapy records showing ongoing treatment
• Prescription records for PTSD-related medications

2. Witness Statements

• Testimonies from family, friends, or coworkers who’ve observed changes in your behavior
• Statements from therapists, doctors, or mental health professionals

3. Employment and Financial Records

• Pay stubs or employment records proving lost wages due to PTSD
• Documentation of missed workdays or reduced job performance

4. Expert Testimony

• A forensic psychologist or psychiatrist can explain PTSD’s impact on your life in court

For more on how PTSD affects work performance, see the U.S. Department of Veterans Affairs’ PTSD resources (VA, 2023).

What Compensation Can You Receive for PTSD?

The value of a PTSD claim varies based on factors like the severity of symptoms, how long they last, and the financial losses involved. Possible damages include:

1. Economic Damages (Financial losses)

• Therapy and medical expenses
• Lost wages and diminished earning capacity

2. Non-Economic Damages (Emotional suffering)

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress

3. Punitive Damages (If the at-fault party was grossly negligent)

• Awarded in extreme cases, such as intentional harm or reckless endangerment

According to Forbes’ legal experts, PTSD settlements can range from $50,000 to over $1 million, depending on case specifics (Forbes, 2024).

How to File a PTSD Personal Injury Claim

If you believe you have a valid claim, follow these steps:

1. Consult a Personal Injury Lawyer – PTSD cases require specialized legal knowledge.
2. Gather Medical Evidence – Ensure your PTSD diagnosis is well-documented.
3. Collect Supporting Documents – Employment records, therapy notes, and witness statements can strengthen your case.
4. File a Lawsuit (if necessary) – If negotiations with insurance companies fail, your lawyer may take the case to court.

Common Challenges in PTSD Personal Injury Cases

Filing for PTSD compensation isn’t always straightforward. Here are some challenges you might face:

• Insurance Companies Downplaying PTSD – Insurers may argue that your PTSD is unrelated to the incident.
• Lack of Immediate Diagnosis – PTSD symptoms often appear weeks or months after trauma, making causation harder to prove.
• Stigma Around Mental Health Claims – Some jurors and judges may not fully understand PTSD’s impact compared to physical injuries.

FAQ: PTSD Personal Injury Claims

1. How long do I have to file a PTSD claim?

Each state has a statute of limitations, typically 1–3 years from the date of the traumatic event. Consult a lawyer for specifics.

2. Can I file a PTSD claim if I wasn’t physically injured?

Yes, but proving emotional damages without physical injury can be more challenging. Strong medical evidence is crucial.

3. Can I sue my employer for PTSD?

If your PTSD results from workplace harassment, negligence, or an unsafe work environment, you may have grounds for a claim.

4. How much is a PTSD claim worth?

The value depends on medical expenses, lost wages, and emotional suffering. Settlements can range from $50,000 to over $1 million, depending on severity.

5. Do I need a lawyer for a PTSD personal injury claim?

Yes. PTSD claims are complex, and an experienced personal injury lawyer can help gather evidence, negotiate with insurers, and present a strong case.

Final Thoughts

PTSD can be just as debilitating as physical injuries, and the law recognizes it as a legitimate basis for a personal injury claim. If you or a loved one is suffering from PTSD due to another party’s negligence, seeking legal help can be the first step toward compensation and recovery.

💡 Need legal guidance? Contact a personal injury lawyer today to discuss your PTSD claim and explore your options.