Can You Sue for PTSD After a Crash Injury?
Yes. You can sue for post-traumatic stress disorder (PTSD) after a California car crash. California law treats psychological harm as a real injury. You pursue money for mental health treatment, lost income, and pain and suffering when another driver’s negligence caused your trauma. You protect your rights when you act quickly, document symptoms, and link the condition to the collision with clear evidence.
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The Short California Answer
California gives you two years from the crash to file a personal-injury lawsuit. If a city, county, or state agency may be at fault, you first file a government claim, often within six months, before you sue. Missing these steps can end your case, so move early and get help.
What You Must Prove When You Sue for PTSD
You build a PTSD claim the same way you build any injury case: with liability, medical proof, and damages. You show that the other driver caused the crash, that the event triggered PTSD, and that the condition affects your daily life. Clinicians diagnose PTSD with standardized criteria and treat it with evidence-based therapies, including trauma-focused approaches.
Traffic violence still harms families across the country. Federal highway data show 40,901 road deaths in 2023 and a decline to an estimated 39,345 in 2024, with early 2025 data continuing that downward trend. Survivors still face long recoveries, including mental health injuries like PTSD.
Evidence That Persuades Adjusters, Judges, and Juries
Strong cases rely on simple, consistent proof. You do not need fancy exhibits — you need reliable records that match your story.
- Immediate medical care. Get checked right away, even if you feel “fine.” Your body releases adrenaline after a crash or fall. That hormone can mask pain while injuries evolve. Brain injuries, internal bleeding, and soft-tissue damage often surface hours or days later.
- Mental-health documentation. Schedule an evaluation, follow the treatment plan, and keep therapy notes. NIMH confirms that PTSD can follow traumatic events, including serious accidents, and that treatment helps many people
- Daily-life proof. Track nightmares, panic in traffic, missed events, and work struggles. Although not quantifiable in the same way as medical bills, documenting the psychological impact of the accident — through professional evaluations or personal journals — can support your claim for pain and suffering.
- Testimony. Family, friends, co-workers, and treating providers can describe noticeable changes since the crash. Depositions — sworn statements from you, witnesses, or experts — are taken to build a strong factual record. If a settlement is not reached, the information collected during this phase will form the backbone of your case in front of the judge and jury.
- Children and teens. If your child struggles after a collision, seek pediatric mental-health care quickly. CDC guidance explains that children can develop PTSD after a crash injury or other traumatic events and benefit from early support.
Damages You Can Recover for Crash-Related PTSD
You can claim the costs of therapy, medications, mileage to appointments, and lost income or reduced hours. You also pursue non-economic damages for pain, suffering, and loss of enjoyment of life. Your records, your clinician’s opinions, and credible lay testimony make these non-economic losses clear and real. California’s self-help courts materials recognize monetary recovery for personal injuries, including emotional harm.
Deadlines You Cannot Miss
You protect your claim when you calendar key dates and move fast. You generally must file your lawsuit within two years of the crash. If a government entity may be responsible, you typically must file a government claim within six months and then follow the next steps if the agency denies your claim. Act early so your lawyer can investigate, order records, and keep you on time.
Smart Do’s and Don’ts While Your Claim Is Pending
Small choices can strengthen, or weaken, your case. Use these habits to support your credibility and your health when you sue for PTSD after a crash injury.
- Do follow your clinician’s plan and attend therapy. Consistent care shows effort and helps your recovery.
- Do preserve digital evidence. If you’ve already posted on social media about your injury or accident, don’t delete it, as courts could interpret this as destroying evidence.
- Do save receipts, appointment reminders, and employer letters about missed time. Those routine papers translate your story into measurable loss.
- Don’t minimize symptoms during visits. Accurate reports protect both your health and your claim.
- Don’t wait to speak with a lawyer if a city bus, a public works truck, or another public vehicle may be involved. Government-claim deadlines move fast.
Own Your Recovery, Protect Your Case
You don’t have to manage PTSD, paperwork, and deadlines alone. A California personal-injury lawyer can connect you with trauma-informed care, organize proof, and push your case forward. You focus on treatment and daily life, and your legal team handles liability, deadlines, and negotiations. If the insurer refuses to pay fair value, your team will prepare for trial and present a clear story to the jury, built on timely records, credible witnesses, and your lived experience.
Do you need compassionate support and effective representation?
No fees until we win. Available 24/7.
