
Car accidents cause more than physical injuries. They can also leave deep emotional wounds that don’t show up on X-rays or MRIs. For some survivors, the psychological impact of an accident can be just as debilitating, and sometimes more so, than the physical pain.
One of the most serious mental health conditions that can follow a crash is Post-Traumatic Stress Disorder (PTSD). And in New York, if your PTSD was caused by a car accident, you may be entitled to compensation as part of your injury claim.
What Legally Constitutes PTSD in New York
While PTSD is a recognized mental health condition nationwide, its legal recognition in personal injury cases depends on whether it can be proven with medical evidence.
In New York, PTSD is generally considered under the category of emotional distress or psychological injury. To include it in a lawsuit, you typically need:
- A formal diagnosis from a qualified mental health professional (such as a psychiatrist or psychologist)
- Evidence that the PTSD was directly caused by the accident
- Documentation showing the extent and impact of the condition on your life
PTSD is recognized in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which outlines specific criteria, including:
- Exposure to actual or threatened death, serious injury, or sexual violence.
- Presence of intrusive symptoms (e.g., flashbacks, nightmares).
- Persistent avoidance of reminders of the trauma.
- Negative changes in mood or thinking after the trauma.
- Significant changes in arousal and reactivity (e.g., being easily startled, feeling on edge).
- Symptoms lasting more than one month and causing significant distress or impairment.
If these criteria are met and documented, PTSD can be treated as a compensable injury under New York law.
Have You Been Injured In An Accident? Contact Morelli Law
877-751-9800The Signs and Symptoms of PTSD After a Car Accident
Please be mindful of yourself and your loved ones after a car accident. PTSD symptoms can vary, but they can manifest in many ways. Sometimes they are apparent, but sometimes they are quite subtle. Early recognition of these signs ensures you or your loved ones get the medical care needed, and it can also help you be compensated for what you and your family deserve.
When it comes to PTSD, many survivors experience a combination of:
- Intrusive memories or reliving the accident through flashbacks or nightmares
- Avoidance behaviors (steering clear of driving, riding in cars, or even talking about the accident)
- Negative mood changes (feelings of hopelessness, numbness, or detachment from loved ones)
- Heightened reactivity, including being easily startled, feeling constantly “on guard,” or experiencing intense anxiety
- Sleep problems
- Difficulty concentrating
These symptoms can severely disrupt daily life, making it difficult to work, maintain relationships, or even handle basic tasks.
The Link Between Car Accidents and PTSD
Catastrophic car accidents are sudden, violent events. In an instant, you may witness serious injuries, hear the sounds of metal crumpling, smell smoke, see someone’s life in danger, or experience catastrophic injuries that change your life. This sensory overload, combined with fear for your survival, can be deeply traumatic.
PTSD is especially common in:
- High-impact crashes with significant damage or fatalities
- Accidents in which you or others were seriously injured
- Collisions caused by reckless or intoxicated drivers
- Accidents involving children or family members as passengers
- Situations where you felt trapped or helpless
Contact our personal injury lawyers today
877-751-9800Can I Include PTSD in My Car Accident Lawsuit?
If you’ve been diagnosed with PTSD after a crash, you may be able to seek compensation for both physical and emotional injuries in a New York personal injury case.
PTSD can be part of your claim through:
- Medical Evidence: Your diagnosis must come from a licensed mental health professional. They can also document how your PTSD affects your ability to work, socialize, and function daily.
- Linking PTSD to the Accident: Our car accident lawyers will work to prove that your PTSD is a direct result of the crash, not a preexisting condition. This can involve medical testimony, accident reports, and witness statements.
The Damages You Can Claim
PTSD can lead to a variety of compensable losses, including:
- Therapy and counseling costs
- Psychiatric medication expenses
- Lost wages if you are unable to work
- Reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
Overcoming Insurance Company Doubts
Insurance companies often challenge emotional distress claims, arguing they’re “subjective” or exaggerated. Our experienced lawyers frequently go head-to-head with insurance companies to present compelling medical evidence that overcomes their arguments. We will fight to get you maximum compensation.
How Does the Statute of Limitations Impact PTSD Cases?
In New York, the general statute of limitations for personal injury claims, including those involving PTSD, is three years from the date of the accident. However, if your PTSD symptoms developed gradually and were diagnosed later, your attorney may argue for a different start date for the limitation period. Keep in mind that claims involving government-owned vehicles have shorter deadlines and require a Notice of Claim within 90 days. Because deadlines can be tricky, it’s best to speak with an attorney as soon as possible after your accident.
Get a Case Evaluation for Your Car Accident Lawsuit
At Morelli Law Firm, we understand that car accidents can cause PTSD. Our attorneys have over 100 years of combined experience holding negligent drivers and the insurance companies that protect them accountable for all the harm they cause, including the emotional and psychological toll.
We have secured billions of dollars for our clients in precedent-setting verdicts and settlements. We fight tirelessly, using our resources and expertise to prove the full extent of your damages, not just the ones you can see on paper. If PTSD is part of your post-accident reality, we will ensure your suffering is recognized, validated, and compensated.
If you or a loved one has developed PTSD after a car accident, you have legal rights. Call our team today for a free case evaluation.
Call or text 877-751-9800 or complete a Free Case Evaluation form