Can You Sue for PTSD After an Accident or Injury?

When it comes to personal injury lawsuits, most people think of the physical injuries suffered. Of course, this is an important part of any case, but we shouldn’t forget the mental and emotional toll that traumatic events like auto accidents can take. Post traumatic stress disorder, or PTSD, is a type of injury that may not be visible, but it can have a tremendous impact on the sufferer and his or her family.

PTSD can cause symptoms such as:

• Anxiety
• Depression
• Flashbacks
• Withdrawal
• Phobias

There is no question that these symptoms would have a huge impact on your life.

Can You Sue for PTSD After an Accident or Injury?

If you have PTSD from an accident or injury that someone else caused, you may be able to sue. There are some important considerations that you should discuss with your attorney, however, such as:

• Because PTSD is not as easily identifiable and diagnosable as physical injuries, this can complicate the lawsuit process.
• PTSD may go undiagnosed for a period of time after the accident. If you previously settled a personal injury lawsuit related to the accident, you may not be able to initiate another one.
• To prove that you suffer from PTSD as a result of the negligence of someone else, your case may require the testimony of expert witnesses.
• Sometimes, opposing counsel will also use expert witnesses in an effort to claim that your PTSD was caused by some other event in your life.
• PTSD can serve as the basis for emotional distress claims, including:
  • Intentional Infliction – Refers to cases where there is evidence that the defendant intentionally caused emotional harm.
  • Negligent Infliction – Refers to cases where the defendant’s negligence caused emotional harm.

If you believe that you are suffering from PTSD related to an accident or injury, contact Sunset West Legal Group, PC to learn more about your legal rights and options.

Sources:

https://blogs.findlaw.com/injured/2017/04/when-can-you-sue-for-ptsd-for-auto-accident-injuries.html

https://www.legalmatch.com/law-library/article/how-to-sue-for-post-traumatic-stress-disorder.html