PTSD and Emotional Distress Claims After an Accident

If you’ve ever had a loved one involved in an accident, the first thing you probably thought about was the physical injuries, rather than the emotional fallout of the collision. Broken bones and lacerations are immediately visible, while mental health conditions caused by collisions can take days or weeks to show up. Post-traumatic stress disorder, anxiety, and depression can linger long after physical injuries have healed, disrupting people’s lives every single day.

That’s why after any major accident, it is vital to work with a personal injury lawyer. The losses you experience may be far worse than expected, and you deserve fair compensation. Find out how we can help—call Harris Lowry Manton to set up a consultation now.

Understanding PTSD and emotional distress after an accident

Post-traumatic stress disorder is considered a fairly new diagnosis, only making it into the DSM in 1980. When PTSD first became a diagnosis, it was largely recognized as a combat disorder. Over the years, our understanding of PTSD has evolved. Psychiatrists now recognize that PTSD can be triggered by any sort of major trauma that threatens your life or safety in a significant way. Some symptoms of PTSD are to be expected after any traumatizing incident; when the symptoms persist for months after the accident, though, that’s when it may lead to a PTSD diagnosis.

Some symptoms of PTSD to watch out for after an accident include flashbacks, nightmares, avoidance of anything related to the accident, intense anxiety, irritability, and isolation. When left untreated (and even with treatment in some cases), PTSD can disrupt an individual’s ability to work, function at home, and take care of daily tasks.

Emotional distress is a more general term that refers to any sort of mental health symptom you may feel after an accident. It includes anxiety, fear, depression, sleep disturbances, and a general loss of enjoyment of life. For example, someone who used to see friends several times per week and go to the gym every day may stop responding to messages and skip out on the gym entirely.

How Georgia law treats emotional and psychological injuries

Under Georgia law, there is no fixed dollar amount for the value of emotional or psychological injuries (GA Code § 51-12-6 (2024)). This number is largely based on evidence of any medical diagnoses, or testimony about one’s symptoms and loss of enjoyment of life, etc. It is important to note that under Georgia law, plaintiffs are barred from seeking compensation for mental or psychological only. In order to recover for emotional distress, a Plaintiff must have also suffered physical injuries of some sort. This principle is called the “impact rule.” Consider a very minor car accident that caused vehicle damages but no bumps, scratches, bruises, or other harm. That person may develop significant mental anguish around cars or driving, but because they did not have any physical injuries, they likely would not be able to seek compensation for their psychological injuries.

It’s important to note that this principle doesn’t always come into play, as most accidents serious enough to cause emotional or psychological harm also leave victims with some sort of physical injury. Then the difficulty lies in proving that you have suffered emotional distress damages.

Evidence needed to support PTSD or emotional distress claims

As is the case in any personal injury claim, evidence is critical when it comes to PTSD and emotional distress claims. It may be harder to gather evidence, simply because emotional injuries do not leave the physical marks or side effects of other injuries. Some forms of evidence that may be helpful in building your claim include:

• Medical records, particularly those from psychiatrists, therapists, and other care providers who recognize psychological symptoms and have helped you seek treatment for them.
• Expert testimony from mental health professionals who can explain to insurance adjusters and juries how PTSD affects victims.
• Personal documentation of your panic attacks, nightmares, avoidance behaviors, treatment efforts, and anything else related to your mental health concerns.
• Testimony from loved ones explaining how you have changed since the accident and how your life has worsened.

You’ll also need to prove that your emotional injuries are the result of your accident. This can also be fairly challenging, as insurance adjusters may attempt to claim that the mental health concerns existed prior to the accident and, therefore, do not warrant compensation.

Challenges in pursuing these claims

Although there is legal recognition for psychological injuries in Georgia, these claims are often contested extensively in court or negotiations. Insurance companies tend to be fairly skeptical of these claims—adjusters may downplay mental health injuries or even insinuate that victims are exaggerating them for the sake of compensation. There’s also still a fair amount of stigma around mental health issues, which may lead victims to avoid seeking help. This makes it hard to prove the existence of mental harm. Additionally, insurance adjusters may still buy into the belief that having mental health issues (even after a serious accident) is a sign of weakness and should not be compensated.

Finally, proving these claims is considerably harder than proving other aspects of your personal injury case. You can show X-rays to prove that an accident caused a broken bone, but most of the time,there’s no cut-and-dry test that shows the existence of mental health challenges. Because diagnoses require professional judgment and nuanced understanding, insurance companies are more likely to question them.

This is just one of the reasons we recommend having a personal injury attorney for your accident claim. Your lawyer understands these challenges and will be ready to advocate for you during negotiations and in court.

Struggling with mental health concerns after an accident? Let’s talk

At Harris Lowry Manton, we understand that mental health issues can be devastating for accident survivors. We’re here to help you fight for compensation. Call us or send us a message online to schedule your consultation.