When the noise of a car crash fades, a different kind of trouble can begin—one filled with anxiety, recurring memories, and a persistent sense of dread. While broken bones and bruises are visible and immediately addressed, the psychological wounds from a traumatic event often go unseen and untreated. Many people mistakenly believe that personal injury claims are limited to physical harm. The reality is that the emotional and mental impact, specifically post-traumatic stress disorder (PTSD), is a very real and compensable injury under Massachusetts law.

A car accident is more than a momentary collision; it is a sudden, violent event that can shatter a person’s sense of safety. For some, the experience replays in their minds, making it difficult to drive, sleep, or even function in daily life. If you are experiencing these symptoms, you are not alone, and your suffering is valid. Recognizing these emotional injuries as legitimate damages is the first step toward recovery—both personally and financially.

This article explains how you can claim compensation for PTSD after a Massachusetts car accident. We will cover how PTSD is defined, what evidence is needed to support your claim, the types of compensation available, and why the guidance of a skilled car accident attorney is so valuable in this process.

Recognizing the Symptoms of PTSD After a Massachusetts Car Accident

Post-traumatic stress disorder is a mental health condition triggered by experiencing or witnessing a terrifying event. While often associated with military combat, PTSD can arise from any number of traumatic situations, with motor vehicle accidents being one of the most common causes for the civilian population. Research from mental health organizations indicates that a significant percentage of people involved in serious accidents develop PTSD.

The mind struggles to process the trauma, leading to a range of debilitating symptoms that can persist for months or even years. It is not a sign of weakness; it is a recognized medical condition with distinct diagnostic criteria.

Symptoms of Ptsd After a Car Accident

The signs of car accident PTSD can manifest in several ways and is often categorized into four groups. A person suffering from this condition may not experience every symptom, but a combination of them can severely disrupt their life.

• Intrusive Memories: This is one of the most recognized symptoms. It can include recurring, unwanted memories of the accident, vivid flashbacks that make you feel like you are reliving the event, or nightmares about the crash.
• Avoidance: A person may go to great lengths to avoid reminders 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 shying away from conversations about what happened.
• Negative Changes in Thinking and Mood: The trauma can alter a person’s worldview. Symptoms include persistent feelings of fear, horror, anger, guilt, or shame. A person might feel detached from friends and family, lose interest in activities they once enjoyed, or have trouble experiencing positive emotions.
• Changes in Physical and Emotional Reactions (Arousal Symptoms): This category includes being easily startled or frightened, always being on guard for danger (hypervigilance), having trouble sleeping, or experiencing angry outbursts. Difficulty concentrating is also a common complaint.

For many, these symptoms make it impossible to return to work, maintain relationships, or enjoy a normal quality of life. The constant state of high alert is mentally and physically exhausting.

Filing a Personal Injury Claim for PTSD After a Car Accident in Massachusetts

Filing a personal injury claim in Massachusetts allows a victim to seek compensation for all the harm caused by another party’s negligence. This compensation—known as damages—is not limited to medical bills and vehicle repairs. It also covers non-economic damages, a category that includes pain and suffering, emotional distress, and mental anguish. PTSD falls directly into this category.

However, Massachusetts is a "no-fault" insurance state, which creates a specific requirement for pursuing a claim for pain and suffering. To step outside the no-fault system and file a lawsuit against the at-fault driver for these types of damages, you must meet a certain legal threshold.

Meeting the Massachusetts Tort Threshold

The state’s “serious injury” threshold requires that your injuries meet one of the following criteria:

• Your reasonable and necessary medical expenses exceed $2,000.
• The accident caused a fracture, permanent and serious disfigurement, loss of a body part, or substantial loss of hearing or sight.
• The accident resulted in a fatality.

A diagnosis of PTSD can directly help you meet this threshold. The costs associated with treating PTSD—such as therapy sessions with a psychologist, consultations with a psychiatrist, and prescription medications—are considered necessary medical expenses. These costs can quickly add up and surpass the $2,000 minimum, giving you the legal standing to pursue a full car accident compensation package that includes damages for your emotional suffering.

Proving PTSD in a Massachusetts Car Accident Lawsuit

Insurance companies are often skeptical of injuries they cannot see, like PTSD. Their adjusters are trained to minimize payouts, and they may argue that your emotional distress is exaggerated or unrelated to the accident. To build a successful car accident lawsuit, you need compelling evidence that clearly connects your PTSD to the collision and demonstrates its impact on your life.

A knowledgeable car accident lawyer will help you gather and present the necessary proof.

Key Evidence for a PTSD Claim

• A Formal Medical Diagnosis: This is the cornerstone of your claim. You must be diagnosed with PTSD by a qualified mental health professional, such as a psychiatrist or psychologist. They will use criteria from the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) to formally diagnose your condition. Without a professional diagnosis, it is nearly impossible to convince an insurance company or a jury of your suffering.
• Detailed Medical Records: Your medical records documenting treatment are essential. These documents, including notes from therapy sessions, prescribed medications, and treatment plans, create a documented history of your condition. They show that you sought professional help and followed a recommended course of treatment.
• Expert Testimony: In many cases, your car accident attorney will retain your treating therapist or an independent medical expert to provide testimony. This expert can explain your diagnosis to the court, detail the severity of your symptoms, and offer a professional opinion on your long-term prognosis. This testimony carries significant weight and helps legitimize the extent of your psychological injuries.
• Personal Journals and Witness Statements: Your own account of your daily struggles is powerful evidence. Keeping a journal where you document your anxiety, flashbacks, nightmares, and avoidance behaviors can provide a compelling narrative. Additionally, statements from family, friends, and coworkers who can speak to the changes in your personality and behavior since the accident can corroborate your claims.

What Car Accident Compensation Can You Receive for PTSD in Massachusetts

The goal of a personal injury claim is to make you "whole" again by providing financial compensation for your losses. When PTSD is part of your car accident claim, the potential damages can be extensive, covering both the financial costs and the intangible suffering you have endured.

Economic Damages

Economic damages are the measurable financial losses you have incurred because of the accident and your resulting PTSD.

• Medical Expenses: This includes all costs related to your mental health treatment, such as therapy, medication, and psychiatric evaluations. It also covers any future treatment you may need.
• Lost Wages: If your PTSD symptoms are so severe that you cannot work, you can claim compensation for the income you have lost.
• Loss of Earning Capacity: If PTSD permanently affects your ability to perform your job or forces you to take a lower-paying position, you may be entitled to damages for this diminished future earning potential.

Non-Economic Damages

Non-economic damages compensate you for the non-financial, personal losses that have diminished your quality of life. Valuing them is more complex, which is why an experienced car accident attorney is so important.

• Pain and Suffering: This refers to the physical pain and emotional distress you have experienced.
• Emotional Anguish: This specifically addresses the psychological impact, including fear, anxiety, depression, and the terror associated with PTSD.
• Loss of Enjoyment of Life: This compensates you for the inability to participate in hobbies, activities, and social engagements that you once enjoyed. For example, if your fear of driving prevents you from visiting family or taking part in community events, that is a compensable loss.

Proving the Unseen: The Strategic Advantage of a Lawyer in a PTSD Case

Navigating a personal injury claim involving PTSD is challenging. Insurance adjusters are quick to dispute psychological injuries, and the legal and medical complexities require a sophisticated approach. An experienced Massachusetts car accident attorney can manage every aspect of your case, protecting your rights and fighting for the full compensation you deserve.

Your attorney will:

• Investigate the Accident: A lawyer will gather all evidence related to the crash to establish the other driver’s fault.
• Connect You with Experts: They can refer you to reputable mental health professionals to ensure you receive a proper diagnosis and treatment, which also strengthens your legal claim.
• Calculate Your Damages: An attorney understands how to properly value a PTSD claim, considering future medical needs, lost earning potential, and the profound impact on your quality of life.
• Handle All Communications: Your lawyer will manage all interactions with the insurance companies, so you can focus on your recovery without the stress of negotiations.
• Litigate on Your Behalf: If the insurance company refuses to offer a fair settlement, a skilled trial attorney will be prepared to take your case to court and advocate for you before a judge and jury.

The journey to recovery after a traumatic car accident is about more than healing broken bones; it’s about reclaiming your sense of security. Your struggle with PTSD is a legitimate injury under Massachusetts law, and pursuing a car accident claim for it is a vital step toward getting the resources you need. You do not have to navigate the complexities of the legal system while trying to heal. Securing the right legal advocate ensures your voice is heard and your suffering is properly valued, allowing you to focus completely on your well-being.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

The trauma from a car accident does not always end when the physical injuries heal. If you are struggling with the symptoms of PTSD, know that your condition is real and your suffering deserves to be recognized. Under Massachusetts law, you have the right to seek compensation for the emotional and psychological harm you have endured.

Do not let an insurance company dismiss your pain. Contact us today for a free legal consultation. At Brandon J. Broderick, Attorney at Law, our dedicated team of personal injury lawyers understands the complexities of PTSD claims and has a proven track record of fighting for clients. We are here to listen to your story, answer your questions, and provide the compassionate and effective legal representation you need to move forward.