Emotional Trauma and PTSD After a Catastrophic Accident: Can You Sue?

Catastrophic accidents often leave more than just physical scars. Survivors may experience profound psychological injuries, including Post-Traumatic Stress Disorder (PTSD) and emotional trauma that disrupt daily life, relationships, and the ability to work. In California, these invisible injuries are legally recognized and may be compensable through personal injury lawsuits. This article explores how emotional trauma and PTSD claims work, what evidence is required, and how victims can pursue justice.

What Is PTSD and Emotional Trauma?

PTSD is a psychiatric disorder triggered by experiencing or witnessing a traumatic event. Common symptoms include:

  • Flashbacks and nightmares
  • Avoidance of reminders
  • Hypervigilance and irritability
  • Depression, anxiety, and emotional numbness
  • Difficulty sleeping or concentrating

Even without a formal PTSD diagnosis, emotional trauma—such as persistent fear, grief, or distress—may qualify for compensation if it significantly affects your life.

Legal Grounds for Suing in California

California law allows victims to sue for emotional trauma and PTSD under several legal theories:

1. Negligence

If someone’s careless actions caused the accident (e.g., distracted driving, unsafe property conditions), you may sue for both physical and emotional injuries.

2. Intentional Torts

If the trauma resulted from assault, abuse, or deliberate harm, you may sue for intentional infliction of emotional distress.

3. Bystander Claims

California recognizes bystander emotional distress claims when a person witnesses a loved one’s injury or death and suffers psychological harm as a result.

What Evidence Is Required?

Emotional injuries are invisible—but no less real. To build a strong case, you’ll need:

  • Medical records from therapists, psychologists, or psychiatrists
  • Formal PTSD diagnosis meeting DSM-5 criteria
  • Therapy notes and treatment history
  • Personal journals documenting symptoms and triggers
  • Witness statements from family, friends, or coworkers
  • Expert testimony from mental health professionals

The goal is to show that your emotional trauma is genuine, severe, and directly linked to the accident.

Damages Available for Emotional Trauma and PTSD

If successful, you may recover:

Economic Damages

  • Medical expenses for therapy, counseling, and medication
  • Lost wages and diminished earning capacity
  • Future mental health care costs

Non-Economic Damages

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium (impact on relationships)

Punitive Damages

In rare cases involving malice or extreme recklessness, courts may award punitive damages to punish the wrongdoer (Civil Code § 3294).

Real-Life Example

A woman in San Diego developed PTSD after surviving a multi-car freeway collision. Though her physical injuries healed, she experienced panic attacks, nightmares, and an inability to drive. Her attorney presented medical records, therapy notes, and expert testimony. The case settled for $750,000, covering treatment costs, lost income, and emotional damages.

Statute of Limitations

Under California Code of Civil Procedure § 335.1, victims generally have:

  • Two years from the date of the accident to file a personal injury lawsuit
  • Six months to file a claim against a government entity (Gov. Code § 911.2)

Missing these deadlines may bar recovery entirely.

How to Strengthen Your Claim

To build a compelling emotional trauma or PTSD case:

  1. Seek medical help from licensed mental health professionals
  2. Document your symptoms in a journal or log
  3. Preserve therapy records, prescriptions, and bills
  4. Gather witness statements from people who’ve observed changes in your behavior
  5. Consult a California personal injury attorney experienced in psychological injury claims

Prompt action helps preserve evidence and strengthens your legal position.

Final Thoughts

Emotional trauma and PTSD are serious injuries—and California law allows victims to seek compensation. Whether caused by negligence, assault, or witnessing a traumatic event, psychological injuries deserve recognition and legal remedy. With the help of a skilled catastrophic injury attorney, victims can build a strong case, hold wrongdoers accountable, and secure the support needed to heal.

References

  • California Code of Civil Procedure § 335.1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=335.1
  • California Government Code § 911.2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=911.2
  • California Civil Code § 3294. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3294
  • CrashVA – Can I Sue for PTSD? 7 Powerful Facts You Must Know
  • Morelli Law – Can I Sue for PTSD After a Catastrophic Accident?
  • Cantor, Wolff, Nicastro & Hall – Psychological Trauma in Catastrophic Injury Cases
  • Yosha Law – Emotional Distress After a Car Accident
  • Anderson Franco Law – Can You Sue for PTSD After a Crash?