Car accidents don’t just leave behind physical injuries—they often cause deep emotional and psychological scars. For many crash victims, the trauma of the experience leads to post-traumatic stress disorder (PTSD), a serious mental health condition that can interfere with daily life, relationships, and the ability to work.
In California, accident victims who develop PTSD may have the legal right to sue for emotional distress damages. Whether PTSD occurs alongside physical injuries or as a standalone diagnosis, the law recognizes it as a compensable injury in many cases.
What Is PTSD?
Post-traumatic stress disorder (PTSD) is a psychological condition triggered by a traumatic event—like a car accident—that causes long-lasting fear, anxiety, and emotional distress. According to the American Psychiatric Association (2022), symptoms of PTSD include:
- Flashbacks or intrusive memories of the crash
- Avoidance of driving or riding in cars
- Panic attacks or hypervigilance
- Nightmares or insomnia
- Emotional numbness or depression
PTSD can develop immediately after a crash or weeks to months later, and in many cases, it requires long-term therapy or psychiatric care.
Can You Sue for PTSD After a Car Accident in California?
Yes. Under California law, you may file a personal injury lawsuit to recover non-economic damages for PTSD following a car accident if another party was at fault. Emotional distress—including PTSD—is considered a legitimate injury under California’s civil tort law.
You may be able to sue for PTSD if:
- Another driver caused the accident through negligence (e.g., speeding, DUI, distracted driving)
- The PTSD was diagnosed by a qualified mental health professional
- You suffered a demonstrable loss (such as missed work, loss of enjoyment of life, or inability to drive)
What Compensation Can You Recover for PTSD?
If your PTSD claim is successful, you may be awarded damages for:
- Therapy, counseling, and medication costs
- Lost income due to inability to work
- Future psychiatric care or treatment
- Pain and suffering
- Loss of enjoyment of life
There is no cap on emotional distress damages in California car accident claims, unlike in medical malpractice cases which are governed by MICRA.
Do You Need to Have Physical Injuries to Sue for PTSD?
Not necessarily. While many PTSD claims are easier to prove when accompanied by physical injuries, California allows claims for emotional distress even without physical harm, particularly when the mental trauma is severe and professionally documented.
However, you must still prove:
- That the other party was at fault (negligence or recklessness)
- That you suffered emotional harm (e.g., PTSD)
- That the emotional harm was caused by the accident
How Do You Prove PTSD in a Lawsuit?
To succeed in a PTSD-related lawsuit, your attorney will typically use the following types of evidence:
- Medical records and psychological evaluations
- Testimony from therapists, psychologists, or psychiatrists
- Witness statements about your behavior after the accident
- Documentation of missed work, lifestyle changes, or panic episodes
Expert testimony is often essential to establish the severity of the PTSD and its direct connection to the crash.
Statute of Limitations for PTSD Lawsuits in California
Under California Code of Civil Procedure § 335.1, you generally have:
Two years from the date of the car accident to file a personal injury lawsuit, including claims for PTSD.
If you fail to file within this time frame, you may lose your legal right to recover damages. In some cases, if symptoms of PTSD appear later, the “delayed discovery” rule may apply—but this must be supported by strong evidence.
What if the Accident Was Partially Your Fault?
California follows a pure comparative negligence rule. This means that even if you were partially responsible for the crash, you can still sue for PTSD-related damages—your compensation will simply be reduced in proportion to your share of fault.
For example, if you were 20% at fault and your total damages were $100,000, you could still recover $80,000.
Conclusion
If you’ve been diagnosed with PTSD following a car accident in California, you have the legal right to pursue compensation for the emotional and financial toll it has taken on your life. PTSD is a serious, medically recognized condition, and California courts recognize the harm it causes. Whether you suffered physical injuries or not, consulting a personal injury attorney can help you build a strong case and recover the damages you deserve.
References
- American Psychiatric Association. (2022). What is PTSD? Retrieved from https://www.psychiatry.org/patients-families/ptsd/what-is-ptsd
- California Code of Civil Procedure § 335.1. (2023). Statute of limitations for personal injury claims. Retrieved from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=335.1&lawCode=CCP
- Judicial Council of California. (2023). Emotional distress damages in California civil cases. Retrieved from https://www.courts.ca.gov
