PTSD damages may be recoverable after an accident in Illinois, but the strength of the claim depends on the facts of the event, the medical evidence, the legal theory being asserted, and how well the condition is documented.
When someone else’s negligence causes physical injury, Illinois courts allow claims for the mental conditions that accompany the injury. Also, under certain circumstances, you can be compensated for negligent infliction of emotional distress, even in the absence of a physical injury, and can also be classified as “emotional distress.”
Can You Get Help With a PTSD Claim in Chicago?
If you believe accident-related trauma is affecting your health, work, or daily life, a Chicago personal injury lawyer can review whether the facts, medical evidence, and insurance issues support a viable claim.
How Do You Prove PTSD in a Personal Injury Claim?
A PTSD claim is usually not proven by saying you feel anxious or traumatized after an accident. The strength of the claim often depends on whether the condition was diagnosed, treated, and documented in a way that connects it to the underlying event.
Evidence that may help support a PTSD damages claim includes:
• Medical records from the emergency room, primary care doctor, therapist, psychologist, or psychiatrist
• A formal PTSD diagnosis or documented trauma-related symptoms
• Therapy notes, counseling records, and treatment plans
• Prescription records for anxiety, depression, panic, or sleep-related symptoms
• Testimony or written opinions from treating providers
• Evidence showing how the condition affects sleep, work, driving, relationships, or daily functioning
• Statements from family members, coworkers, or others who observed changes after the incident
• Employment records showing missed work, reduced hours, or impaired job performance
In many cases, the issue is not whether the person experienced fear after the accident, but whether there is credible evidence showing that the trauma caused a lasting psychological injury that required treatment and affected daily life.
What Damages Can You Recover for PTSD in Illinois?
In Illinois, you may be able to recover damages for PTSD if it is connected to a valid injury claim and supported by strong medical and factual evidence.
In many cases, PTSD is part of a larger personal injury claim. For example, if someone is hurt in a car accident, they may also suffer emotional harm. In that situation, PTSD can be included as part of damages like pain and suffering, emotional distress, and loss of a normal life.
In other situations, a person may try to bring a claim based only on emotional distress. These claims are often harder to prove. They depend on the facts of the case, how the event happened, and how clearly the trauma can be linked to the other party’s actions under Illinois law.
Post Traumatic Stress Disorder – PTSD
PTSD (post-traumatic stress disorder) often follows a traumatic event involving serious injury. (American Psychiatric Association, 2000). Vehicle collisions can be traumatic. Despite improvements in road conditions, vehicle safety, and driver education, over 3 million people are injured in motor vehicle accidents each year. Many people develop post-traumatic stress symptoms that can become chronic.
Individuals who experience a serious motor vehicle accident (MVA) are at increased risk for psychological problems, particularly Post-traumatic Stress Disorder (PTSD). It is common to have troubling memories, feelings of anxiety, or sleep disturbance after a major accident. Psychological trauma is a type of damage that occurs as a result of a distressing event. And because the law allows for the recovery of damages for suffering and loss of normal life, PTSD damages can be recovered in a legal claim.
In some situations, the psychological trauma experienced is more serious than the physical injuries a person sustains in a car accident. Psychological trauma is often the result of an overwhelming amount of stress that exceeds one’s ability to cope or to integrate the emotions caused by the experience.
(PTSD) is a medical condition that can make it difficult for a person to recover after experiencing or witnessing a terrifying event, such as death, threatened death, serious injury, or actual or threatened violence. PTSD can interfere with a person’s ability to perform essential daily functions, such as household chores and work. If proven by the testimony of a psychologist or psychiatrist, the loss of everyday life resulting from PTSD can be considered as recoverable damage in a lawsuit.
Common PTSD symptoms
You may wonder if you or someone you care about has PTSD following a serious injury.
Below is a list of common PTSD symptoms:
- Terrifying memories, flashbacks, or nightmares;
- Unprovoked anger or a short fuse;
- Anxiety or feelings of being overwhelmed performing basic activities;
- Loss of concentration at work or in home life;
- Emotional numbing or little joy in situations you used to enjoy;
- Avoidance of people or situations you used to enjoy;
- Lack of trust in friends and family;
- Changes in temperament or personality or
- Changes in coping ability.
If you or someone you love is experiencing symptoms of PTSD, it is important to seek medical attention and consult with a doctor to get the proper diagnosis and treatment. Treatment is available to help manage and overcome these feelings.
PTSD Following a Car Accident
Research shows that if you have been in a car accident, you are at risk of developing post-traumatic stress disorder. In fact, according to Very Well Mind, 9% of the general population who are in car accidents develop PTSD. That means that almost one out of 10 people who experience a car accident develops PTSD after the car accident.
Risk Factors for Developing PTSD After a Car Accident
The U.S. Centers for Disease Control and Prevention reports that more than 2.5 million Americans went to the emergency room, and almost 200,000 were then hospitalized following car accidents. Several risk factors have been found to increase the likelihood of developing PTSD following a car accident. They include:
- Having had a prior car accident or traumatic event;
- Having psychological difficulties before the car accident or traumatic event;
- Family history of psychological problems;
- Whether the car accident or trauma experienced was life-threatening;
- Losing someone in a car accident or trauma;
- The amount of support received from friends and family following the car accident or traumatic event and
- The person’s emotional response to a car accident or traumatic event – fear, helplessness, horror, guilt, or shame.
If you are experiencing any of these symptoms, seek prompt medical care from a mental health provider, psychologist, therapist, or social worker.
Recoverable Damages
In a PTSD-related injury claim, recoverable damages are not limited to broken bones, surgeries, or emergency treatment. If the evidence supports it, damages may also include the mental and emotional consequences of the traumatic event.
Depending on the case, recoverable damages may include:
- Medical bills for emergency care, follow-up care, therapy, counseling, psychiatry, and medication
- Lost wages or reduced earning capacity if PTSD symptoms affect work performance
- Pain and suffering connected to trauma-related symptoms
- Emotional distress, anxiety, panic, sleep disruption, and loss of normal life
- Future treatment costs when ongoing mental health care is reasonably expected
What Should You Do If You Think You Have PTSD After a Car Accident?
If you believe you may be suffering from PTSD after an accident, early treatment and documentation can matter both medically and legally.
You should try to:
- Seek medical or mental health treatment as soon as possible
- Tell your provider about nightmares, panic, flashbacks, sleep problems, or avoidance symptoms
- Follow through with therapy, counseling, or medication recommendations
- Keep records of missed work, reduced hours, or daily limitations
- Save bills, prescriptions, and treatment summaries
- Avoid minimizing your symptoms to insurers or adjusters
- Speak with a lawyer before giving detailed recorded statements in a serious injury case
PTSD claims are often strengthened by consistent treatment and records that show how the condition changed your life after the accident.
Can You Sue for PTSD After an Accident in Illinois?
Yes, it is possible to sue someone for PTSD under certain circumstances. However, it is important to note that successfully suing for PTSD typically requires establishing negligence or intentional infliction of emotional distress. This can be challenging as cases often involve complex legal and medical considerations. Consulting with a qualified injury lawyer experienced in handling PTSD cases can help determine if you have a viable claim and guide you through the legal process.
When PTSD Claims Are Stronger — and When They Are Harder to Prove
Not every PTSD claim is equally strong. In Illinois injury cases, the claim is generally stronger when the traumatic event is well documented, treatment begins reasonably soon after the incident, and the medical records consistently connect the symptoms to the accident.
A PTSD claim is often stronger when:
- The accident was serious or obviously traumatic
- There is a formal diagnosis or consistent trauma-related treatment
- The records show nightmares, flashbacks, panic, avoidance, sleep disturbance, or inability to function normally
- Family members, coworkers, or supervisors can describe visible changes after the event
- Work records, attendance records, or daily-life evidence show real impairment
A PTSD claim may be harder to prove when:
- Treatment was delayed for a long time without a clear explanation
- The medical records are inconsistent
- There was significant pre-existing trauma with no clear evidence of aggravation
- The claim is based only on subjective complaints without supporting documentation
- The plaintiff is alleging emotional injury without physical injury and without a clearly supported legal theory
How Do Insurance Companies Try to Deny PTSD Claims?
Insurance companies often dispute PTSD claims more aggressively than claims involving obvious physical injuries. They may argue that the symptoms are unrelated to the accident, were caused by prior trauma, are exaggerated, or are not severe enough to justify compensation.
Common defense arguments may include:
- The person was never formally diagnosed
- Treatment was delayed, so the condition must not have been serious
- The symptoms were caused by a prior event rather than the accident at issue
- The records show stress or anxiety, but not PTSD
- The condition did not materially affect work or daily life
- The claim is based on subjective complaints without enough supporting evidence
That is why consistent treatment, documented symptoms, and clear provider opinions can be so important in a PTSD damages claim.
Our Chicago PTSD Lawyers Actively Challenge Insurance Companies
Our Chicago PTSD lawyers aggressively challenge insurance companies that try to minimize your claim and discount your PTSD symptoms. We are always prepared to go to trial to obtain the best outcome for you. Our firm also handles first-party insurance coverage, helping you file a lawsuit against your insurance company if it acts in bad faith. Call (312) 766-1000 to schedule a confidential, complimentary consultation, or email [email protected] today.
FAQs for PTSD Claims and Damages
What is PTSD (Post-Traumatic Stress Disorder)?
PTSD is a medical condition that arises after experiencing or witnessing a terrifying event, such as death, serious injury, or violence. It can interfere with a person’s daily functions, including work and household activities.
What are the common symptoms of PTSD?
Common symptoms include terrifying memories, flashbacks, nightmares, unprovoked anger, anxiety, loss of concentration, emotional numbness, avoidance of certain situations or people, and changes in temperament or personality.
How do I prove I have a legal claim?
While testimony from a mental health professional, such as a psychiatrist or psychologist, can be very persuasive, it’s not mandatory. However, having an expert witness can significantly strengthen your claim.
Are car accident victims at risk of developing PTSD?
Yes, research indicates that individuals involved in serious motor vehicle accidents are at an increased risk of developing PTSD. Almost one out of 10 people who experience a car accident may develop PTSD.
What are the risk factors for developing PTSD after a traumatic event?
Some risk factors include having had a prior traumatic event, having psychological difficulties before the event, a family history of psychological problems, losing someone in the event, and the emotional response to the event, among others.
How does Blumenshine Law Group handle claims?
Blumenshine Law Group aggressively challenges insurance companies that try to minimize PTSD claims. They are prepared to go to trial to obtain the best outcome for clients and handle first-party insurance coverage.
Important note: This page is general legal information about PTSD damages claims in Illinois. It is not legal advice for your specific case. Case value and recoverability depend on the facts, the available medical evidence, and the applicable Illinois law.