PTSD as a Personal Injury Damage
Post-traumatic stress disorder (PTSD) resulting from an accident is a recognized form of emotional distress damages in personal injury cases. When PTSD follows a physical injury in an accident, it is part of the non-economic damages the plaintiff can claim. The challenge is documenting and quantifying a condition that is subjective and not visible on imaging.
Documenting PTSD
- Formal psychiatric or psychological diagnosis
- Treatment records from a licensed therapist or psychiatrist
- Documentation of how PTSD affects daily functioning, relationships, and work
- Physician or psychologist testimony about the diagnosis and its cause
- Corroborating accounts from family or friends about behavioral changes
Standalone Emotional Distress Claims
In most states, a standalone claim for emotional distress without accompanying physical injury requires a higher threshold — typically proof that the emotional distress was severe and the defendant's conduct was extreme or outrageous (intentional infliction of emotional distress). Claims following physical injuries are generally easier to bring.
The Value of PTSD in Claims
PTSD and severe anxiety following an accident can significantly affect a person's quality of life, ability to drive, relationship stability, and work performance. A well-documented PTSD diagnosis with treatment records and functional impact evidence can meaningfully increase the non-economic portion of a personal injury claim.
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