When people talk about personal injury cases, they often focus on the physical injuries, such as broken bones, surgeries, or lasting scars. But psychological injuries are just as real. After a serious accident, many people quietly suffer from mental and emotional trauma that can last far longer than physical pain.
Post-traumatic stress disorder (PTSD) and emotional distress are more common than many realize after events like car crashes, workplace injuries, or violent encounters. These mental health issues can affect everything from sleep and appetite to the ability to hold a job or enjoy family life.
In this article, we’ll explain how PTSD and emotional distress are treated in personal injury cases. You'll learn what evidence can support a claim, how compensation is calculated, and why legal support can make a difference.
Understanding PTSD and Emotional Distress After an Accident
PTSD is a serious mental health condition that can develop after someone survives a traumatic event. While often associated with combat veterans, it also affects accident survivors. Car accidents, dog attacks, and even slip-and-fall incidents can trigger long-term psychological responses.
Emotional distress is a broader category that includes anxiety, depression, nightmares, and fear of re-engaging with regular activities. You might avoid driving, feel constantly on edge, or lose interest in things you once enjoyed. These changes can be difficult to explain to others—but they are legitimate injuries under the law.
Can You Include PTSD in a Personal Injury Case?
Yes, you can. In many personal injury cases, emotional distress and PTSD fall under "non-economic damages." These are losses that don’t have a fixed dollar amount but significantly affect your quality of life.
To succeed in these types of claims, you'll need clear proof that your emotional condition is a direct result of the accident. States like New Jersey, New York, and Vermont typically allow compensation for emotional distress when it’s tied to another party’s negligence.
How to Prove PTSD and Emotional Distress
Mental health injuries aren’t visible, which makes them harder to prove than physical ones. Still, the right documentation can help demonstrate the extent of your suffering.
Medical Records and Evaluations
Seeing a licensed mental health provider is essential. Therapists or psychologists can formally diagnose PTSD or other disorders, provide treatment plans, and write reports about how your condition has progressed over time.
Expert Testimony
Your personal injury lawyer may work with a mental health expert who can explain the seriousness of your condition to a judge or insurance company.
Journals and Daily Logs
If you’ve been writing down your symptoms, sleep issues, or panic episodes, this documentation can show how the emotional toll has affected your life.
Statements from Friends and Family
People close to you can often speak to the behavioral and emotional changes they’ve noticed since the accident. These testimonials can make your claim more relatable and persuasive.
How Emotional Distress Damages Are Calculated in Personal Injury Settlements
There’s no exact science for valuing emotional suffering. Instead, courts or insurers consider:
- The severity of your symptoms
- How long you've been affected
- The cost and duration of any treatment
- The impact on your ability to work or maintain relationships
Your personal injury attorney will use this information to argue for a fair settlement or award.
Laws That May Affect Emotional Injury Claims
Some states only allow emotional distress claims if they’re paired with a physical injury. Others, like Vermont, may permit them if the emotional distress was foreseeable based on the negligent act.
If your PTSD stems from someone else’s reckless or intentional conduct, you might even have a stronger legal basis for your case. A qualified attorney can evaluate whether the circumstances support a claim for emotional harm.
What to Do If You Think You Have PTSD From an Accident or Injury
It’s not always easy to recognize the symptoms right away. If you think you're struggling with PTSD or emotional distress after an accident:
- Seek professional help. A diagnosis from a mental health expert strengthens your health and your legal claim.
- Track your symptoms. Keeping a record of how you feel day-to-day builds evidence over time.
- Talk to a personal injury lawyer. An experienced attorney can explain your rights and help build your case with the right evidence.
Call Brandon J. Broderick For Legal Help
At Brandon J. Broderick, Attorney at Law, we know emotional injuries deserve to be taken seriously. If you’re suffering from PTSD or ongoing distress after an accident, our team can guide you through the legal process and advocate for full and fair compensation.
You don’t have to face this alone. Contact us today for a free consultation.