Can You Sue for PTSD After a Car Accident in Pennsylvania?

Car accidents can be traumatizing events that may linger with a victim for a long period of time. In some cases, victims of serious car accidents may even develop post-traumatic stress disorder (PTSD) after the crash. While it may be difficult to prove a case of PTSD after a car accident, that does not mean that the injury is not compensable. 

Car accident victims can claim damages for PTSD and other mental health conditions caused by the accident. They can also claim damages for the pain and suffering of an accident without an official PTSD diagnosis. 

If you or a family member developed PTSD after a car accident, you should call the experienced Philadelphia car accident lawyers at The Reiff Law Firm today at (215) 709-6940. 

What is Post-Traumatic Stress Disorder? 

Post-traumatic stress disorder is a condition that occurs after a person is involved in a dangerous or shocking experience. For example, a person who is in a truck accident that claims the life of their spouse may experience symptoms of PTSD, even though they might have walked away from the accident without severe injuries themselves. 

Symptoms of PTSD are often more than just feeling stressed or anxious when you think about a traumatic experience. That would often fall under the umbrella of “emotional distress” or “pain and suffering” on its own, but PTSD is a mental health disorder with more specific symptoms. 

Generally, diagnosable PTSD under the DSM-5 involves… 

• Involuntary memories of the event that repeat and cause distress 

• Recurring dreams about the event 

• Flashbacks – i.e., dissociative episodes where you feel like you are reliving the event 

• Psychological distress when exposed to similar situations or symbolically similar situations 

• Psychological reactions to the same. 

Statistics for PTSD in Car Accident Cases 

Every year, about 3 million people are involved in car accidents in the United States. Approximately 9% of those 3 million people develop PTSD after a serious car accident. 

Symptoms of Car Accident PTSD 

There are various signs and symptoms of PTSD that can help you determine whether you or a loved one is suffering from the disorder: 

• An increased heart rate and severe anxiety when hearing noises that may remind you of a car accident, like a car horn 

• Being easily startled while driving 

• Constantly searching for threats that are not there 

• Avoiding driving on certain roads or not driving at all 

There are other symptoms of PTSD that are not listed above. For example, the loss of enjoyment in your favorite activities and constant feelings of guilt. 

Risk Factors for Developing PTSD After a Car Accident 

While anyone could develop PTSD, certain risk factors could increase the likelihood of suffering from PTSD after a car accident. One risk factor for developing PTSD is surviving a previous traumatic experience. If a person was involved in more than one life-changing event and they feel they did not receive adequate social support after the event, they are more likely to suffer from PTSD after a subsequent traumatic experience. 

Other risk factors for PTSD include the following: 

• Traumatic childhood experiences 

• Substance abuse or suffering from a mental illness 

• Feelings of helplessness 

• Being seriously injured 

If you feel that you or a loved one has PTSD, it is important to seek medical attention. It may also help to reach out to close friends and family or consider joining a support group. 

When to Sue for PTSD After a Car Accident 

You can often get damages for PTSD or other post-traumatic stress damages into your case in three major ways: 

Treatment for PTSD from the Accident 

If your PTSD is from being injured yourself in a car accident, then it is treated like any other injury the accident caused you. This is no different than getting damages for a head injury or broken leg; you can get damages for both physical and mental effects of a crash. 

You may need treatment from psychologists, psychiatrists, and other specialists after your accident. These treatment costs can also be included in your claim along with any other medical treatment the accident caused you. 

Pain and Suffering for PTSD from the Accident 

If the accident and injuries you faced directly caused you PTSD or other symptoms that could not be diagnosed, specifically, as PTSD, you can get non-economic damages for that. 

Any pain and suffering, emotional distress, mental anguish, and other intangible harms can be included in your claim. These have no cost themselves like medical care does, but we can nonetheless apply a value to your suffering and sue for it. 

PTSD from No-Contact Crashes 

Sometimes drivers nearly hit you but cause you to crash. As long as there was a crash, and they were responsible, you can still get damages for the effects of the crash from the defendant. This includes damages for your PTSD and other mental/emotional distress. 

PTSD from Near-Misses 

If you did not actually crash, you may still be able to sue, but it will be difficult. First, the other driver likely did not stop if you did not actually get into a crash. This might make identifying the other driver difficult, especially if they had no duty to stop. 

In Pennsylvania law, you can technically get compensation for mental and emotional injuries that have no physical contact, but talk to a lawyer about how to build this case. 

PTSD from Another Person’s Accident 

If you were in the car with a loved one when they were seriously injured or killed, or if you witnessed the crash from outside the car, then you may be able to get damages for that as well. This is called “negligent infliction of emotional distress,” and damages can result for your PTSD from witnessing a loved one hurt or killed. 

However, there may be rules about how close you needed to be to the accident, and whether you need to be in the “zone of danger” yourself. If you also faced injuries in the accident, this is often enough, even if the PTSD came from what you witnessed rather than your own injuries. 

How PTSD Affects Your Case 

If you experienced PTSD after your car accident, there are some steps to take and things to consider about how it might affect your case: 

Documenting Your PTSD 

Post-traumatic stress disorder is an injury that you could sue for after a car accident. However, it can be more difficult to prevail in a case based around a psychological or mental illness. This is why it is important to document how the disorder affected your life if you want to prevail in a personal injury lawsuit. 

If you are suffering from PTSD, you should keep evidence that explains when you were diagnosed with the disorder and how long you have experienced symptoms. For example, if you experience guilt and anxiety every time the car accident is brought up, this is an important detail to document. 

Experiencing symptoms of PTSD months or over a year after a car accident may make it easier to win a claim for injuries. 

Our Pennsylvania car accident lawyers can help you document your experiences, help you find specialists and psychiatrists to evaluate and diagnose your condition, and help you get medical records from them to build your case for damages. 

Suing After Serious Injury 

Additionally, if your PTSD developed after a car accident where you were seriously injured, this can also aid your case. As mentioned, suffering a serious injury in a car accident can increase the likelihood of developing PTSD. You should also be able to bring a claim for the injury, whether it was a spinal injury or a brain injury. 

Psychological vs. Physical Claims 

You should not feel discouraged from pursuing a claim because you believe your injury is more psychological than physical. Receiving compensation for a personal injury lawsuit can help you seek and fund the professional help you may need to deal with your PTSD. 

What Evidence of PTSD Do I Need for My Car Accident Claim? 

Our lawyers can help you understand what documentation and examinations you will need to prove your case. In most cases, having your condition treated and diagnosed by a psychiatrist will be enough to show that you have PTSD, but we can also seek medical exams to link your PTSD to the crash or have your doctor/therapist testify about this connection in court. 

If you do not have diagnosable PTSD, but you still face extreme stress from the event, that is enough for damages; a diagnosed PTSD condition is just additional proof of your condition. 

You should also keep track of your flashbacks and other effects of the PTSD, as journaling about the frequency and consistency of these things can help us demonstrate to the jury just how serious they are. 

Otherwise, all car accident cases need evidence of who caused the crash, how it happened, what they did wrong, and what the damages cost you. 

How Our Philadelphia Personal Injury Attorneys Can Help You File a Claim for PTSD 

If you or a family member is suffering from PTSD after a serious car accident, you should contact an experienced Delaware County personal injury attorney today. The dedicated legal team at The Reiff Law Firm has over 40 years of combined legal experience that will be used to aggressively represent you. 

Our firm has handled a variety of cases dealing with PTSD and depression, and we are here to stand with you. 

Reach Out Today 

To discuss your potential claim, call The Reiff Law Firm’s Pennsylvania car accident lawyers at (215) 709-6940.