Does PTSD Count as a Personal Injury Claim – Guest Post

My client won’t drive anymore. Three months ago, she got hit by a drunk driver running a red light. Broken ribs, concussion, the works. Physical injuries healed up fine. But now she has panic attacks every time she gets behind the wheel.

Her doctor says it’s PTSD. Post-traumatic stress disorder from the car accident.

She asks me if this counts as part of her injury claim. Can she get compensated for something you can’t see on an X-ray? Something that’s all in her head?

The answer is yes. But proving it and getting insurance companies to pay for it? That’s a whole different story.

What Counts as PTSD

PTSD isn’t just for soldiers coming back from war anymore. Car accidents, especially bad ones, can mess with your head in ways that last way longer than broken bones.

Flashbacks to the crash. Nightmares about accidents. Panic attacks when you hear squealing brakes. Refusing to drive or even be a passenger. These are real symptoms with real impacts on your life.

The Diagnostic and Statistical Manual – that’s the bible doctors use for mental health stuff – recognizes PTSD from car accidents. Motor vehicle accidents are actually one of the leading causes of PTSD in civilians. About 9% of car accident survivors develop it.

Firms like Child and Jackson, which handle personal injury cases, often encounter clients dealing with PTSD after serious crashes. It’s a reminder that not all injuries are visible,  and that trauma deserves just as much attention as physical recovery.

But here’s the problem. Insurance adjusters aren’t doctors. They don’t understand mental health and it’s something they see as not measurable. And guess what, they definitely don’t want to pay for something they can’t see or touch. 

Proving PTSD in Court

Physical injuries are easy. Broken leg shows up on X-rays. Concussions show up on brain scans. PTSD? Not so much.

You need documentation. Lots of it. This will include the weekly or monthly visits to psychologists, psychiatrists, therapists. You also have to prepare the medical records showing consistent treatment and diagnosis. Can’t just claim PTSD without professional backup.

The diagnosis has to come from qualified mental health professionals. Your family doctor saying you “seem stressed” doesn’t cut it. You need someone with credentials who can testify in court if necessary.

Timeline matters too. PTSD symptoms usually show up within a few weeks of the traumatic event. Wait six months to see a therapist, and insurance companies will claim your problems aren’t related to the accident.

What Insurance Companies Say

Insurance adjusters hate PTSD claims. They’ll use every excuse to deny them. “Pre-existing mental health issues.” “Not related to the accident.” “Exaggerated symptoms.” “Malingering.”

They’ll argue you had anxiety or depression before the accident. Even if you did, trauma can make existing conditions worse. But proving that connection requires expert testimony that costs serious money.

Some adjusters will claim PTSD isn’t a “real” injury because it doesn’t require surgery or physical therapy. These people obviously never had a panic attack in traffic or woke up screaming from nightmares about crashes.

The strongest move insurance companies use is demanding independent medical exams. They send you to their own psychiatrist who spends 45 minutes with you and concludes you’re fine. Their doctor vs. your doctor. Guess who usually wins?

Types of PTSD from Car Accidents

There’s different ways car crashes mess with your head. Some people get the classic PTSD symptoms. So you’ll notice that they have flashbacks, nightmares and avoid anything that reminds them of the accident. As for some, they develop specific phobias like fear of driving or being a passenger.

If you haven’t heard about it yet, surviving from an accident isn’t all about happiness and gratitude. Survivor guilt is there! Perhaps you’ll hear them say, “Why am I alive when the other person isn’t?” or “If I hadn’t been late, then all of these wouldn’t have happened.” 

This guilt feeling can be just as debilitating as fear.

Some people develop what doctors call “accident phobia.” They become obsessed with safety, checking and rechecking everything. Won’t drive at night, won’t use certain roads, won’t let family members drive without constant texting updates.

Sleep disorders are huge. People stop sleeping because they dream about the crash. Then they’re exhausted during the day, can’t work effectively, relationships suffer. The ripple effects go everywhere.

Economic Impact of PTSD

PTSD costs real money. Therapy sessions run $100-200 each. Psychiatric medications can hit $500+ per month. Some people need intensive treatment programs that cost thousands.

Lost wages pile up fast. Someone who can’t drive in a car-dependent society might lose their job. Or they can only work part-time because they can’t handle the commute stress. Reduced earning capacity is a legitimate damage claim.

Family impacts count too. Spouse has to do all the driving now. Kids can’t get to activities because the injured parent is afraid to drive them. These lifestyle changes have economic value in personal injury claims.

The long-term costs are scary. If you take  PTSD for granted, it can last for years, decades and even lifetime. Some people never fully recover. When you’re calculating damages, you’re looking at potential lifetime treatment costs.

Treatment and Recovery

Good news is PTSD is treatable. Cognitive behavioral therapy works for most people. EMDR – eye movement desensitization and reprocessing – sounds weird but it’s effective for trauma. Medications can help with symptoms while therapy does the deeper work.

Bad news is treatment takes time and costs money. Insurance companies don’t want to pay for months or years of therapy. They want quick fixes and cheap solutions.

Some people recover in a few months with proper treatment. Others are messed up for years. No way to know which one you’ll be. Insurance companies hate that uncertainty – they want to know exactly how much they’re going to pay upfront.

Exposure therapy is often the recommended treatment for accident-related PTSD. Sounds scary but it works. You start by just sitting in a parked car. Then maybe driving around the block. Eventually you work back up to normal driving. It makes sense if it takes months, and you need someone who knows what they’re doing to guide you through it.

Building a Strong PTSD Claim

Start documenting stuff immediately. Having trouble sleeping after the accident? Can’t drive without panic attacks? See a shrink right away. Don’t wait around hoping it gets better on its own.

Write everything down. Can’t drive to work anymore? That’s evidence. Panic attacks in the grocery store? Write it down. You missed your kid’s soccer game because you can’t handle being a passenger? All of that matters.

Don’t skip therapy appointments. Insurance companies love treatment gaps. “Oh, she missed three appointments, must not be that serious.” They’ll use anything against you.

Some therapists give you tests to measure how screwed up you are. Sounds awful but the numbers help. Hard for insurance people to argue with test scores that show you’re getting worse instead of better.

Legal Challenges

PTSD claims are harder to win than physical injury cases. Juries sometimes don’t understand mental health issues. “Why can’t you just get over it?” is a common attitude that defense lawyers exploit.

Expert witnesses are essential but expensive. You need psychiatrists or psychologists who can explain PTSD to a jury in terms they understand. These experts charge $500+ per hour for testimony.

Some states have specific rules about mental health claims. They might require “sudden and unexpected” trauma, which rules out slow-developing symptoms. Others require physical injury along with mental trauma – PTSD alone isn’t enough.

The burden of proof is higher for mental health claims. Insurance companies demand more documentation, more treatment records, more expert opinions. They’re basically hoping you’ll give up because it’s too expensive to fight.

What Insurance Companies Don’t Want You to Know

PTSD is legally compensable in all 50 states. They might fight it, but if you can prove your case, they have to pay for mental health treatment just like physical therapy.

Many policies include mental health coverage under medical payments or personal injury protection. This means your own insurance should cover initial treatment regardless of fault. Don’t let them tell you mental health isn’t covered.

Insurance companies settle PTSD claims all the time, they just don’t advertise it. They prefer to fight cases where people don’t have good documentation or legal representation. Strong cases with proper medical support usually settle.

In some states, the statute of limitations for PTSD claims can be longer than physical injuries. And that perfectly makes sense! Mental health symptoms don’t usually appear immediately, so the clock doesn’t start ticking until you’re diagnosed.

Final Thoughts: PTSD and Car Accidents

PTSD from car accidents is real, it’s compensable, and it costs serious money to treat. But proving it requires more work than typical injury claims.

Insurance companies will fight these claims harder than broken bones. They’ll question everything – your diagnosis, your treatment, your symptoms, even your character. Having the courage to fight for your rights and a good legal representation is essential.

Don’t invalidate psychological trauma just because it’s invisible. A person who can’t drive, can’t work, and can’t sleep is genuinely injured and needs to be compensated. Mental health is still part of health and wellness. Mental injuries deserve compensation just like physical ones.

The key is getting proper treatment immediately and documenting everything. PTSD claims are winnable, but only with solid medical evidence and usually professional legal help. Don’t try to handle these cases alone – the insurance companies certainly won’t be fighting alone against you.