Car accidents can leave lasting emotional and psychological scars, not just physical injuries. Many victims experience post-traumatic stress disorder (PTSD), anxiety, and depression after a crash. If you’ve been struggling with mental health challenges following an accident, you could be entitled to compensation.
A Durham, North Carolina personal injury lawyer with Kreger Brodish LLP can demand financial recovery for therapy, lost wages, and pain and suffering. Proving that you have mental health issues or PTSD due to someone’s negligence is complicated. Our Durham, NC, personal injury lawyers get results for injured individuals. Let us take on the legal issues while you focus on recovering from your emotional trauma.
To learn more about potential compensation for you or a loved one, contact Kreger Brodish for a free consultation.
How Common Are PTSD and Mental Health Issues After a Car Accident?
While some people recover over time, others experience long-term emotional distress. According to the Anxiety & Depression Association of America, car accidents often result in PTSD, even if the crash is not recent.
In addition to PTSD, other mental health issues may follow a car accident:
- Anxiety — Many accident survivors develop a deep fear of driving or even being a passenger. Daily trips to work or the store can feel overwhelming, leading to avoidance behaviors where individuals refuse to get in a car. Panic attacks may happen suddenly, triggered by certain road conditions, loud noises, or even seeing a car similar to the one that was involved in the crash. Anxiety can also cause constant nervousness, making it hard to focus, relax, or feel safe on the road again.
- Depression — The emotional weight of an accident can lead to feelings of hopelessness and despair, especially if injuries limit mobility or prevent someone from working. Many survivors experience a loss of interest in activities they once enjoyed, withdrawing from social events, hobbies, or even family gatherings. Sleep disturbances, such as insomnia or excessive fatigue, are also common, making it even harder to heal emotionally and physically.
- Phobias — Individuals may develop a fear of highways, intersections, or specific driving conditions as a direct response to trauma. Some accident survivors avoid the crash site entirely or refuse to drive at certain times, such as in heavy traffic or bad weather. Even as a passenger, they may feel extreme distress, flinching at sudden stops or gripping the seat in fear. Over time, this fear can limit independence and make daily routines difficult.
- Adjustment disorders — Some people struggle to return to normal life after a crash, feeling constantly on edge or emotionally overwhelmed. Minor stressors that never used to be a problem—like running late or hearing a honking horn—can trigger intense mood swings or emotional outbursts. Others may feel disconnected from reality, struggling to process the event and move forward. These reactions can strain relationships, impact job performance, and make everyday decision-making feel exhausting.
How PTSD Affects Car Accident Victims
PTSD changes how the brain works, especially in areas that control fear, memory, and emotions. These brain changes explain why people with PTSD may feel stuck reliving the trauma, struggle to control their feelings, or experience fear and anxiety even when they are safe.
Some of the most common indicators of PTSD’s effect on the brain are:
- Make Fear Responses Stronger — The part of the brain that processes fear (the amygdala) becomes more active, making people feel constantly on edge or easily startled. This can lead to intense fear reactions and sudden flashbacks of the traumatic event.
- Weaken Emotional Control—The brain’s decision-making center (the prefrontal cortex) doesn’t work as well, making it harder to manage emotions and reactions. This can lead to intrusive, unwanted thoughts that are difficult to shut off.
- Affect Memory — The part of the brain that helps with memory and emotional balance (the hippocampus) shrinks, which can lead to trouble remembering details of the accident or feeling emotionally overwhelmed in certain situations.
Establishing a Claim for Mental Health Compensation
Insurance companies don’t make it easy to get compensation for PTSD and other mental health issues after a car accident. To build a strong claim, you must prove that the accident caused your condition and that it has led to financial and emotional harm.
Just like physical injuries, emotional trauma requires solid evidence. Gathering the proper evidence strengthens your case and improves your chances of securing fair compensation.
To support your claim, you need:
- Proof that you had no prior PTSD diagnosis before the crash
- Medical records showing PTSD symptoms began after the accident
- Medical bills for therapy, counseling, or medication
- Testimony from mental health professionals confirming your diagnosis and that the accident caused it
- Documentation of lost wages if PTSD has affected your ability to work
- Evidence of pain and suffering, including emotional distress
Types of Compensation Available
If you’ve been diagnosed with PTSD or another mental health issue after a car accident, you may be eligible for different types of compensation, including:
- Medical Expenses — Therapy, counseling, psychiatric treatment, and medications
- Lost Wages — Income lost due to an inability to work
- Loss of Earning Capacity – If PTSD prevents you from returning to your previous job
- Loss of Consortium or Companionship -– Strained relationships with family and loved ones due to mental health struggles
- Pain and Suffering – Emotional distress, anxiety, and loss of enjoyment of life
How Much Compensation for PTSD After a Car Accident?
Several factors help determine how much compensation for PTSD you might receive. Compensation amounts vary, depending on the specifics of your case, but typically vary based on the:
- Severity of your PTSD symptoms
- Impact on daily life and work
- Cost of medical treatment current and anticipated
- Strength of medical evidence to support your claim
Common Challenges in Pursuing Compensation for Mental Health
Mental health claims are often harder to prove than physical injuries because they lack visible evidence like X-rays or medical scans. Insurance companies frequently challenge these claims in several ways:
Argue PTSD Is Not Accident-Related
Insurers may argue that PTSD symptoms stem from past trauma or unrelated stress rather than the accident itself. Without strong medical documentation linking PTSD to the crash, they may deny or reduce compensation.
Insist PTSD Caused by Pre-existing Conditions
If a person has a history of anxiety, depression, or prior PTSD, insurance companies may claim that their mental health struggles existed before the accident. This tactic is often used to avoid paying for therapy, medication, or long-term care. Medical records and expert testimony from mental health professionals can help counter this argument.
Downplay Importance of Mental Health Treatment
Insurance adjusters often treat PTSD, anxiety, and depression as less serious than broken bones or spinal injuries, even though they can be just as debilitating. They may try to limit coverage for therapy, counseling, or medication, forcing victims to fight for the care they need.
Push for Quick, Cheap Settlement
Insurance companies know that mental health claims can take time to develop and prove. To avoid larger payouts, they may offer a fast settlement that doesn’t fully cover ongoing therapy or lost wages. Accepting an early offer can leave accident survivors struggling with medical bills and emotional distress without further financial support.
Steps to Take After a Car Accident to Protect Your Rights
If you suspect PTSD or other mental health issues after a car accident, take these steps to strengthen your claim:
- Seek medical attention immediately to link PTSD to the accident.
- Document your symptoms with a journal of emotional distress, anxiety episodes, and sleep disturbances.
- Attend therapy sessions and take prescribed medications.
- Hire a personal injury lawyer who can build a strong case and maximize your potential compensation
When to Hire a Personal Injury Lawyer
You should contact a lawyer if:
- PTSD symptoms interfere with your work or daily life
- Insurance companies refuse to cover therapy costs
- Your claim is denied or undervalued
- You’re unsure of how much compensation you deserve
An attorney will ensure your case is handled correctly from the start.
Deadlines for Seeking Compensation
North Carolina’s statute of limitations for personal injury claims allows an injured person three years after the accident date to file a lawsuit. You may lose your right to seek compensation if you miss this deadline.
Why Choose Our Durham NC Personal Injury Lawyers?
Kreger Brodish LLP focuses on personal injury claims. We understand the unique challenges of proving PTSD and mental health conditions related to car accidents and other injuries. Our legal team provides:
- Personalized Attention — Every case is unique, and we treat it that way.
- Excellent Negotiation Skills — We won’t let insurance companies take advantage of you, and we’ll fight for the compensation you deserve.
- Proven Results — We’ve secured substantial settlements for injured clients in Durham and throughout North Carolina.
- Affordable Representation — We work on a contingency basis, with no upfront fees. You won’t owe us anything unless we secure compensation for you.
Contact Our North Carolina Car Accident Lawyers Today
If you’re suffering from PTSD or other mental health issues after a car accident, you don’t have to face this battle alone. Our experienced Durham, NC, personal injury lawyers are here to fight for the compensation you deserve. Contact Kreger Brodish LLP today for a free consultation.
