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Can a Personal Injury Lawsuit Be Filed for PTSD?

  • In an accident, a victim can suffer minor physical injuries but still experience significant mental or emotional trauma. This mental and emotional trauma often takes the form of post-traumatic stress disorder (PTSD).

    PTSD is a very real condition, and as a victim, you can seek compensation from the person or entity responsible for it.


    PTSD Impacts More than Soldiers

    Post-traumatic stress disorder is a condition that is typically associated with soldiers returning from war. However, it can apply to anyone who survives a traumatic situation and suffers severe mental anguish in relation to it.

    This condition needs to be diagnosed by a doctor before you can sue, and you will need to be under the care of a physician. A medical professional needs to provide an actual diagnosis for PTSD so that your attorney can prove how you were harmed by the accident.


    Proving Negligence

    To seek compensation for your PTSD, someone else must have been responsible for what happened. Your lawyer will gather evidence to prove negligence.

    For example, if someone else caused the car, bus, or train accident that left you traumatized, that person would be responsible and a lawsuit can be filed against him or her.

    It is possible to sue an individual, business, or government entity for PTSD if negligence can be proven by establishing that they had a duty of care and that they violated that duty.


    Money for Your Emotional Trauma

    How much money you receive for PTSD is going to depend on how the condition has impacted your life. Your medical bills and related expenses will likely constitute the bulk of your compensation, including the future cost of treatment.

    Beyond that, your attorney will need to demonstrate how the PTSD has impacted your quality of life, created additional expenses, caused you to suffer financial losses, or prevented you from working. Any negative impact to your finances or quality of life could be eligible for compensation.


    NYC Injury Attorneys

    PTSD is a serious condition, and it is possible to sue after being diagnosed. However, emotional trauma can be harder to prove than a physical injury, making it important to hire an injury attorney who has experience with these types of cases.

    Greenstein & Milbauer, LLP does, and you can schedule a free consultation with our compassionate attorneys by calling 1-800-VICTIM2 (842-8462) or by visiting our website.