Can I Sue for PTSD After a Catastrophic Accident?

Catastrophic accidents can result in numerous physical injuries, as well as harm that may not be immediately visible. Many survivors experience emotional and psychological trauma, including Post-Traumatic Stress Disorder (PTSD). While PTSD is not as outwardly apparent as a broken bone or any other severe injury, it’s a very real and debilitating condition that can significantly affect your quality of life. If you’ve been diagnosed with PTSD after a catastrophic accident, you may ask, “Can I sue for PTSD?” In the state of New York, the answer is yes. This is what you need to know. 

What Is PTSD?

PTSD is a mental health condition triggered by experiencing or witnessing a traumatic event. Catastrophic accidents like car crashes, construction accidents, or severe falls can be incredibly traumatic, as they often involve life-threatening situations or serious injuries. The nature of these accidents makes PTSD a common occurrence. Survivors may relive the event through flashbacks or nightmares, feel constantly on edge, or develop a strong fear of driving, heights, or other circumstances related to the accident. The aftermath can disrupt every aspect of daily life, from relationships to job performance and more. 

The Signs and Symptoms of PTSD

PTSD can present differently and largely depends upon the circumstances that caused it. It can typically manifest through different symptoms: 

Intrusive Symptoms

• Flashbacks of the traumatic event. 
• Nightmares that replay aspects of the accident. 
• Distressing thoughts or emotional reactions when reminded of the event. 

Avoidance Symptoms

• Avoiding places, people, or activities that remind you of the accident. 
• Suppressing thoughts or memories of the event. 

Cognitive and Mood Symptoms

• Persistent negative thoughts or feelings, such as guilt, fear, or anger. 
• Feeling detached from others. 
• Difficulty concentrating or remembering important details. 

Arousal and Reactivity Symptoms

• Irritability or outbursts of anger. 
• Hypervigilance or feeling constantly “on edge.” 
• Difficulty sleeping or relaxing. 

If you experience any of these PTSD symptoms, medical attention, and have your condition documented, it could impact your potential personal injury case. 

Can I Sue for PTSD in Personal Injury Cases in New York? 

Yes, you can sue for PTSD as part of a personal injury case in New York. In New York, personal injury cases are governed by the principle of negligence.  You can recover damages for both physical and psychological injuries caused by someone else’s negligence or wrongdoing. PTSD is considered a compensable injury if you can prove that the accident directly caused your condition and that the responsible party’s actions were negligent. 

How Can I Be Compensated for Damages from PTSD? 

If you successfully prove that you suffer from PTSD due to a catastrophic accident, you may be eligible to recover several types of damages: 

• Medical Expenses: costs of therapy, psychiatric treatment, medications, and ongoing mental health support. 
• Lost Wages: compensation for time missed from work due to your PTSD or related treatment. 
• Loss of Future Earnings: if PTSD impacts your ability to perform your job or advance in your career. 
• Pain and Suffering: compensation for emotional distress, mental anguish, and the diminished quality of life caused by PTSD. 
• Loss of Enjoyment of Life: if PTSD prevents you from enjoying activities you once loved. 
• Punitive Damages: In rare cases where the at-fault party’s actions were especially reckless or malicious, you might receive punitive damages to punish the wrongdoer. 

How PTSD Can Be Proved in a Personal Injury Case 

At Morelli Law, we use all the resources at our disposal to help you recover the compensation you deserve. Proving PTSD in a legal context requires comprehensive documentation and expert testimony. We help you build a strong case using: 

• Medical Records: we work with physicians and medical experts like licensed psychiatrists. If you’ve seen a medical professional, make sure they document your symptoms, treatment plan, and how the condition relates to the accident. 
• Expert Testimony: mental health professionals can provide expert testimony in court to explain your PTSD diagnosis, its effects, and its connection to the traumatic event. 
• Personal Testimony: your own testimony about how PTSD has impacted your daily life can be compelling evidence. 
• Witness Testimony: family, friends, or coworkers can testify about changes in your behavior, emotional state, or ability to function. 
• Accident Documentation: police reports, witness statements, and surveillance footage can help establish the traumatic nature of the accident, making it easier to connect your PTSD to the event. 

How Should I Handle PTSD After a Catastrophic Accident? 

Taking care of yourself after a traumatic event is important, both for your health and your family. Early diagnosis and treatment can improve your outcomes and help you get the compensation you deserve. Make sure to follow your treatment plan and document everything. Keep a journal of your symptoms, triggers, and how PTSD affects your daily life. You can also lean on trusted support groups and family and friends for additional support.  

Get Justice for Your PTSD 

PTSD is a serious condition that can disrupt every facet of your life. The good news is that New York law recognizes the profound impact of psychological injuries like PTSD, allowing victims to seek compensation for their suffering. If you or a loved one is experiencing PTSD after a traumatic event, get in touch with us today. Our team at Morelli Law represents individuals who have suffered catastrophic injuries, including PTSD, after accidents. Let us help you secure the justice and compensation you deserve.