When people discuss injuries from a car accident, they almost always talk about the physical damage: broken bones, whiplash, back injuries, or lacerations. But for many survivors, the most lasting and disabling injuries are not visible to the naked eye. The psychological trauma of a sudden, violent collision can linger for months or even years, fundamentally changing a person's ability to live, work, and connect with others.
This emotional and psychological injury is often diagnosed as Post-Traumatic Stress Disorder (PTSD). It is not a sign of weakness or a simple case of "being shaken up." It is a recognized, severe, and diagnosable medical condition. If you are experiencing flashbacks, severe anxiety, or an inability to get behind the wheel after your crash, you may be wondering if this very real suffering is recognized by the legal system.
The short answer is yes, you can file a claim for PTSD after a Florida car accident.
However, securing compensation for a purely psychological injury in Florida is a complex legal battle. Florida's "no-fault" insurance laws create specific hurdles that victims must overcome. This article will explain the reality of PTSD as a medical condition, how it is proven in a legal claim, and what you must do to pursue the compensation you deserve.
Recognizing Car Accident PTSD: More Than Just Shock
It is normal to feel anxious, distressed, and fearful immediately following a traumatic event like a car accident. For most people, these feelings fade over a few days or weeks. For some, however, the brain's "fight or flight" response remains stuck in the "on" position. The trauma does not fade; it becomes a persistent part of daily life.
This is Post-Traumatic Stress Disorder. It is a psychiatric condition that can occur in people who have experienced or witnessed a terrifying, shocking, or dangerous event. Car accidents are one of the leading causes of PTSD in the general population.
Symptoms of PTSD after a car accident can manifest in several ways.
Common Symptoms of PTSD
- Intrusive Memories: This type of trauma is a hallmark of the condition. You may experience involuntary, recurring, and distressing memories of the crash. The symptoms can include vivid flashbacks where you feel as if you are reliving the event or intense nightmares about the accident.
- Avoidance: You may discover yourself actively avoiding anything that reminds you of the trauma. This often means refusing to drive or even be a passenger in a car. It can also include avoiding the location of the accident or refusing to talk or think about what happened.
- Negative Changes in Mood and Thinking: The trauma can poison your worldview. You might feel persistent hopelessness, guilt, or shame. Many victims report feeling detached from friends and family or a loss of interest in activities they once enjoyed.
- Hypervigilance and Arousal: This condition is a state of being constantly "on guard." You might be easily startled, irritable, or have angry outbursts. Many people with PTSD have trouble sleeping, have difficulty concentrating, and are always scanning their surroundings for potential danger.
If these symptoms persist for more than a month and are severe enough to interfere with your relationships or your ability to work, it is vital to seek a diagnosis from a qualified medical professional, such as a psychologist or psychiatrist.
The Florida Hurdle for Your Car Accident Claim
Proving you have PTSD is the first step. The second, and more difficult, step is navigating Florida's insurance system to get compensation for it.
Florida is a "no-fault" auto insurance state. This means that after an accident, your insurance policy—specifically, your Personal Injury Protection (PIP) coverage—is your first source of recovery, regardless of who caused the crash.
Your PIP policy will cover:
- 80% of your "reasonable and necessary" medical bills.
- 60% of your lost wages...all up to a combined limit of $10,000.
There is a major limitation: PIP does not pay for non-economic damages. "Non-economic damages" is the legal term for human losses, including:
- Pain and suffering
- Mental anguish
- Inconvenience
- Loss of enjoyment of life
Compensation for PTSD falls almost entirely under this category. To get this type of compensation, you must file a personal injury lawsuit against the at-fault driver's insurance company.
The "Serious Injury" Threshold
You are only allowed to step outside the no-fault system and sue the at-fault driver if your injuries meet Florida's "serious injury" threshold.
According to Florida Statute 627.737(2), a serious injury is one that consists of:
- Significant and permanent loss of an important bodily function;
- A permanent injury within a reasonable degree of medical probability (other than scarring);
- Significant and permanent scarring or disfigurement; or
- Death.
This is the central challenge of a PTSD claim. You and your legal team must prove that your psychological injury is so severe that it qualifies as a "permanent injury" or has resulted in the "significant and permanent loss of an important bodily function."
For example, if your PTSD is diagnosed as permanent and it prevents you from working, driving, or maintaining relationships, a strong argument can be made that you have lost an important bodily function. This is not a simple or automatic qualification; it must be proven with extensive medical evidence.
Proving Your PTSD Claim for Car Accident Compensation
An insurance adjuster's job is to minimize the company's payout. They are highly skeptical of injuries they cannot see on an X-ray or in a photograph. To them, PTSD is an "invisible" injury, making it an easy target for denial. They may argue you are exaggerating, that your condition is not permanent, or that it was caused by something other than the car accident.
To win your claim, you must build a fortress of evidence.
The Importance of a Formal Diagnosis
You cannot simply tell an insurance company that you have anxiety. You must have a formal diagnosis of Post-Traumatic Stress Disorder from a qualified mental health professional. This diagnosis should be based on the criteria outlined in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which is the standard used by medical professionals.
Documenting Your Treatment
A diagnosis alone is not enough. You must show that you are actively treating the condition. Consistent medical records are the most powerful evidence in a personal injury claim.
Your evidence file should include:
- Records from all therapy and counseling sessions.
- Notes from psychiatric evaluations.
- Prescription records for any medications related to anxiety, depression, or sleep.
- A formal report from your doctor or therapist detailing your prognosis and treatment plan.
Gaps in treatment are a major weakness. The insurance company will argue that if you stopped going to therapy, your injury must not have been that serious. It is essential to follow your doctor's treatment plan without interruption.
Proving Causation
You must establish a clear and unbroken connection between the at-fault driver's negligence and your PTSD diagnosis. This is called causation. The defense will look for any other trauma in your life—a difficult job, family problems, a prior military history—to use as an alternative cause for your symptoms.
Your medical expert must provide a professional opinion, to a "reasonable degree of medical probability," that the car accident was the direct and primary cause of your PTSD.
Demonstrating Permanence
To meet the Florida threshold, you must also show the injury is permanent. Your doctor or mental health expert must testify that you will likely suffer from this trauma for life, even with treatment. This is often the most heavily contested part of the lawsuit.
What Damages Are in a Car Accident Lawsuit Involving PTSD?
If you successfully meet the serious injury threshold, you can demand compensation for all of your losses, not just the $10,000 covered by PIP. This compensation is divided into two main categories.
Economic Damages
These are the specific, calculable financial losses you have incurred (and will incur) because of your injury.
- All Medical Bills: This includes every therapy session, prescription copay, and psychiatric visit, including those that will be needed in the future.
- Lost Wages: This is the income you lost while out of work. This includes time off for therapy appointments or days you were unable to function due to severe anxiety.
- Loss of Future Earning Capacity: If your PTSD permanently prevents you from returning to your previous job or working at all, you can claim compensation for the income you will never get to earn.
Non-Economic Damages
This is the compensation for the intangible, human suffering you have endured. This is where the bulk of a PTSD claim lies.
- Pain and Suffering: The legal term for the physical pain and mental distress of your injury.
- Mental Anguish: Compensation for the specific psychological harm, such as fear, anxiety, depression, and shock.
- Loss of Enjoyment of Life: This is compensation for the way the trauma has robbed you of your ability to enjoy daily life. For example, you may no longer be able to enjoy hobbies, travel, or even drive your kids to school without debilitating fear.
Calculating the value of these damages is very difficult and requires the skill of a seasoned personal injury lawyer in Florida who can present your story to a jury in a compelling, human, and justifiable way.
The Role of a Florida Car Accident Lawyer in a PTSD Claim
Attempting to file a PTSD claim on your own is extremely difficult. Insurance companies employ teams of adjusters and lawyers who are trained to deny and devalue psychological injury claims.
Why an Experienced Car Accident Attorney Makes a Difference
An experienced attorney serves several vital functions in your case.
- Fighting Insurance Company Tactics: Lawyers who handle these cases know the tactics adjusters use. Your attorney will not allow the insurance company to dismiss your suffering or attribute it to pre-existing conditions without a fight.
- Connecting You With Medical Experts: A skilled car accident lawyer will have a network of respected psychiatrists and psychologists who can provide an accurate diagnosis, a strong treatment plan, and the powerful expert testimony needed to prove your case.
- Building the Case: Your attorney will handle the entire process of gathering evidence—collecting medical records, police reports, and witness statements—to build a comprehensive claim that links the accident to your PTSD.
- Valuing Your Claim: How much is a lifetime of anxiety worth? How do you put a price on the inability to drive? A lawyer knows how to analyze your losses and build a case that justifies a full and fair settlement or verdict.
- Meeting All Deadlines: In Florida, you generally have a limited time to file a personal injury lawsuit (known as the statute of limitations). An attorney ensures all paperwork is filed correctly and on time, protecting your right to compensation.
Your mental health is not a secondary concern; it is the foundation of your life. The trauma you are experiencing is real, and it deserves to be taken seriously.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
If you or a loved one is suffering from psychological trauma after a car accident in Florida, you do not have to go through the legal process alone. The emotional aftermath of a crash can be just as debilitating as any physical injury, and you have the right to seek compensation for your suffering.
At Brandon J. Broderick, Attorney at Law, we understand the devastating impact of "invisible" injuries like PTSD. We take these claims seriously, and we have the resources and experience to fight for the justice you deserve. Our dedication lies in holding negligent drivers accountable for the full extent of the harm they inflict.
Contact us today for a free, no-obligation consultation. We will listen to your story, review your case, and explain your legal options. Let us handle the legal fight so you can focus on what matters most: your recovery.