Can You Sue for PTSD After a Car Accident?
February 12, 2025
Car accidents often result in physical injuries, from mild ones like bruises or whiplash to more serious ones like brain injuries. What most people don’t realize, however, is that living through such a traumatic experience as a collision could leave you with emotional and psychological wounds that are difficult to recognize and could take a long time to heal. One of the psychological injuries you can suffer is post-traumatic stress disorder (PTSD). If emotional trauma is considered an injury, can you file a PTSD car accident claim?
The car accident lawyers at Wapner Newman bring the assistance you need after battling serious injuries in a collision. We offer trusted and compassionate representation to help you navigate the aftermath of a crash.
Call (215) 569-0900 to speak with an attorney about filing a PTSD lawsuit.
Pennsylvania Car Accident Laws
Knowing When You Can Sue for Injuries
Pennsylvania is a hybrid no-fault state for car accidents and other traffic collisions. This means that you have the chance to purchase full tort or limited tort insurance. With full tort insurance, you can file a lawsuit against the parties that caused the collision, no matter what kind of injuries you sustained. Of course, others will also have the right to file a lawsuit against you if you cause any type of accident, regardless of injury severity.
With limited tort insurance, on the other hand, you would file a claim against your own insurance after a collision. You wouldn’t have to prove who was liable, but you’d also not be able to claim non-economic damages like pain and suffering. Limited tort insurance would cover medical expenses and lost wages up to your policy limit, but what happens if you suffer serious injuries? In those cases, you’d be able to step outside of limited tort insurance and pursue a lawsuit.
Is PTSD a Serious Injury Under Pennsylvania Standards?
In Pennsylvania, serious injuries refer to:
- Disfigurement
- Loss or impairment of a bodily function
- Death.
PTSD isn’t typically considered serious enough to allow people to pursue lawsuits, no matter how severe the condition often is. If you have full tort insurance, you don’t have to worry about any of this and can file a lawsuit against the liable party to recover losses. If you have limited tort insurance, however, you would be allowed to file a lawsuit for PTSD only if you also suffered a serious physical injury.
At Wapner Newman, we’ve helped clients who suffered injuries in car accidents receive millions of dollars in settlements and jury verdicts.
Establishing Liability in a Car Accident
With limited tort insurance, you don’t have to prove liability. You could have been at fault for the accident and are still allowed to receive compensation. That’s not the case if you file a fault-based claim.
You will have to show that the accident occurred because of another party’s negligent conduct. This requires establishing that someone else in the same position would not have done what the at-fault person did. First, you must demonstrate that a duty of care existed and that the other party breached it. For example, anyone operating a vehicle on a public road owes others a duty to drive lawfully and safely. If the defendant was speeding and skidded on the pavement, hitting your car, they breached their duty of care.
You’ll then have to demonstrate that the defendant’s actions led to your injuries. This is generally simple to prove if you suffered physical injuries, because doctors can provide medical evidence that shows the collision resulted in broken bones, whiplash, or a head injury. It’s less straightforward, however, if the collision caused a psychological injury such as PTSD. Insurance companies will do everything they can to try to minimize your suffering or to state that you suffered from psychological distress before the accident.
Because of the challenges involved in proving that the defendant caused your injuries and that you deserve compensation, even for psychological wounds, it’s essential that you hire experienced Pennsylvania car accident lawyers.
Damages for PTSD After a Car Accident
If you’re able to pursue a lawsuit against the other party, you can claim both economic and non-economic damages. When dealing with PTSD and other psychological injuries, medical expenses will cover therapy sessions, medications, and other treatments that could provide relief. Your therapist can assess how long it might take for you to heal from the PTSD and what future expenses you may suffer.
Depending on the severity of the PTSD you’re battling, you may not be able to work at your same job or at your full capacity. You could be experiencing debilitating symptoms like flashbacks that prevent you from participating in everyday life. To compensate you for these losses, you can claim lost wages as well as future salaries you won’t receive if you need time to heal.
Those who have limited tort insurance and didn’t suffer serious injuries won’t be able to claim non-economic damages, but as long as you can file a fault-based claim, you can receive this type of compensation. You can obtain help for the pain and suffering you’re experiencing, as well as for the loss of enjoyment of life that the PTSD has caused.
Beginning a Claim After a Pennsylvania Car Accident
Wapner Newman Can Help You Fight for Your Rights
Being in a car accident that leaves you with physical or psychological injuries is devastating. You might need to spend days in the hospital or in therapy sessions, which not only costs money but prevents you from going to work. Since Pennsylvania is a very complex state when it comes to traffic accidents, because of its hybrid no-fault laws, the right choice if you’re battling injuries is to hire attorneys who know how to tackle these claims.
At Wapner Newman, we bring dedication and decades of experience to every case we take on. We can assist you by investigating the accident, gathering evidence, and fighting for fair compensation for your PTSD. After a car accident lawsuit, victims may be in a financial position to rebuild their lives and recover their losses.
Speak with a lawyer at Wapner Newman by calling (215) 569-0900.