Understanding PTSD After a Car Crash
PTSD is a
mental health condition triggered by a traumatic event — like a violent car crash. Symptoms may include:
- Flashbacks or nightmares
- Anxiety and panic attacks
- Avoidance of driving or riding in vehicles
- Emotional numbness
- Difficulty sleeping or concentrating
According to the
National Institute of Mental Health (NIMH), nearly
39.2% of car crash survivors develop PTSD symptoms.
Is PTSD Legally Recognized in Personal Injury Claims?
Yes. Missouri and Kansas both allow victims to recover damages for
emotional distress, including PTSD, under certain conditions:
Missouri
- Generally, does not require a physical injury to claim emotional distress.
- You must prove the defendant’s negligence directly caused, or directly contributed to cause, your PTSD.
Kansas
- Generally requires that emotional distress is accompanied by or results in physical injury. See Hoard v. Shawnee Mission Medical Center, 233 Kan. 267, 274, 662 P.2d 1214 (Kan. 1983).
- However, physical injury is not required in cases where the injurious conduct is willful or wanton, or the defendant acts with intent to injure. Id.
What Compensation Can You Recover for PTSD?
If your case qualifies, you may be entitled to:
- Medical expenses (therapy, psychiatric care, medications)
- Lost wages or loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Future mental health treatment costs
A skilled attorney can help calculate both
economic and non-economic damages.
How to Prove PTSD After a Car Accident
Unlike a broken bone on an X-ray, emotional distress can be difficult to illustrate to a jury. To prove this type of damage, however, you can rely on:
- Medical records from mental health professionals, such as psychologists, psychiatrists, counselors, or social workers.
- Testimony from mental health professionals.
- Witness statements from family, friends, or coworkers concerning the changes in mood, affect, and behavior.
Why Legal Representation Matters
Emotional distress claims are
complex and often
challenged by insurance companies. They may argue you’re exaggerating or that your condition isn’t accident-related.
At
Monsees & Mayer, we’ve handled numerous cases involving
psychological trauma following car accidents. Our experienced team will:
- Gather strong medical and legal evidence
- Work with mental health experts
- Negotiate with insurers who downplay emotional injuries
- Fight for full compensation in court if necessary
Statute of Limitations in Missouri and Kansas
- Missouri: 5 years from the date of the accident
- Kansas: 2 years from the date of the accident
Missing these deadlines may bar you from recovering anything — so act fast.
Take the First Step Toward Recovery
PTSD can upend your life, but you don’t have to suffer in silence.
Legal help is available. Let Monsees & Mayer guide you through the process of seeking justice and compensation.
Related Internal Links:
- Kansas City Car Accident Lawyers
- Emotional Distress Claims
- Understanding Personal Injury Claims
- Meet Our Legal Team
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