The crash may last only seconds. The fear can last much longer. After an accident, some people struggle to get back behind the wheel. Others wake from nightmares, relive the crash or feel panic when they hear tires screech. For some, these symptoms can develop into post-traumatic stress disorder (PTSD).
PTSD can affect a person’s work, relationships and ability to enjoy daily life. Yet emotional injuries can feel harder to prove than a broken bone or other physical injury. A person may look fine while struggling with fear, anxiety and trauma.
New Jersey law may allow injured people to seek compensation for emotional harm after a car accident. However, not every PTSD diagnosis will lead to compensation for pain and suffering. The circumstances of the crash, the person’s injuries and their auto insurance coverage can all affect the claim.
When can PTSD support a car accident claim?
PTSD may support a personal injury claim when another driver’s negligence caused the accident and the resulting trauma. Medical evidence can help establish that connection. Treatment records can also show the severity of the condition and its effect on the person’s daily life.
New Jersey’s auto insurance system adds another important consideration. The state uses a no-fault system for Personal Injury Protection (PIP) medical coverage. However, an injured person’s ability to recover non-economic damages, such as pain, suffering or emotional distress, depends on the lawsuit option in their policy.
Under the Limitation on Lawsuit option, an injured person must meet New Jersey’s legal threshold to recover non-economic damages. Some injuries that may meet the threshold include fatal injuries, loss of a body part, serious scarring or disfigurement, displaced fractures, loss of a pregnancy or a permanent injury that prevents normal function.
The No Limitation on Lawsuit option does not require the injured person to meet this threshold. They may seek non-economic damages for injuries such as emotional distress or PTSD, as long as medical evidence supports the claim.
A PTSD diagnosis does not automatically mean a person can recover compensation for emotional suffering. The severity and permanence of the condition can matter, as can the medical evidence connecting it to the accident.
What evidence can help establish PTSD?
Psychological injuries often require different forms of evidence than physical injuries. Because PTSD may not appear on an X-ray or other diagnostic scan, medical records and testimony can become especially important. Depending on the circumstances, relevant evidence may include:
- A PTSD diagnosis from a qualified mental health professional
- Therapy, psychiatric treatment or other medical records
- Medication prescribed for accident-related symptoms
- Evidence showing changes in work, sleep, relationships or daily activities
- Medical opinions linking the psychological condition to the accident
The absence of a visible injury does not make psychological trauma less significant. PTSD can affect a person’s life long after physical injuries have healed, making both treatment and proper documentation important.
Taking PTSD seriously after a crash
A person does not always leave a serious accident with injuries that others can see. Sometimes the lasting damage appears in disrupted sleep, fear of driving or a constant sense of danger. If a person develops PTSD after a New Jersey car accident, those effects deserve attention. Seeking appropriate treatment can support recovery while also documenting the symptoms and their impact. An attorney can review the accident, insurance coverage and medical evidence to determine whether a claim for compensation may be available.
