Can I Get Compensation for PTSD in Pensacola?

While physical injuries are usually easy to see and document, emotional injuries like post-traumatic stress disorder (PTSD) can be just as devastating, and in many Florida personal injury claims, they’re also compensable.

If you’ve experienced a traumatic event in Pensacola, like a car crash, dog bites, or other serious accident, and are now suffering emotionally or psychologically, our Pensacola injury attorney at The Morgan Law Group can help you claim PTSD compensation under Florida’s personal injury law.

What Is Considered PTSD in Personal Injury in Florida?

Post-traumatic stress disorder is a recognized mental health condition that can develop after a person experiences or witnesses a traumatic or life-threatening event. 

In personal injury cases, PTSD is often tied to incidents like:

• Car, Truck, or Motorcycle Accidents
• Workplace Injuries
• Slip and Falls
• Dog Attacks
• Violent Assaults
• Medical Malpractice

PTSD symptoms may include nightmares, flashbacks, anxiety, panic attacks, depression, emotional numbness, or avoidance behaviors. For legal purposes, PTSD becomes a viable part of your injury claim when it has been formally diagnosed by a licensed mental health professional and is directly linked to the incident caused by someone else’s negligence.

Under Florida law, psychological injuries are compensable, but they must typically stem from a physical impact. This is due to the “Impact Rule,” which generally requires that emotional distress like PTSD be connected to a physical injury to be compensable. However, courts do allow for exceptions when the emotional trauma is extreme or when someone directly witnesses the injury or death of a loved one.

In accident cases involving both physical and emotional trauma, courts in Florida recognize PTSD as part of a broader category of noneconomic damages. It may also be considered a contributing factor in cases involving long-term injuries in personal injury claims, where mental health struggles persist for months or years after the incident.

What Compensation Can I Get for PTSD in Pensacola?

If you’ve been diagnosed with PTSD after an accident in Pensacola, you may be eligible to receive several types of compensation. 

These typically fall under the categories of economic and noneconomic damages:

Economic Damages

These are financial losses related to your PTSD diagnosis and treatment, such as:

• Psychological therapy and counseling sessions
• Psychiatric medications
• Lost wages if PTSD prevents you from working
• Future loss of earning capacity
• Out-of-pocket medical expenses

Noneconomic Damages

These address the emotional and subjective impact of PTSD, including:

• Pain and suffering
• Mental and emotional distress
• Loss of enjoyment of life
• Loss of consortium (if your relationships are affected)

In severe cases, especially where PTSD is permanent or disabling, the compensation can be substantial. Florida juries have awarded high six-figure and even seven-figure verdicts in cases where PTSD was proven to be long-term and life-altering.

If your PTSD stems from a car crash, you may also need to overcome Florida’s “serious injury threshold” under the state’s no-fault insurance law. This means you must show that your PTSD constitutes a significant or permanent injury to seek compensation beyond your PIP benefits.

How Do I Prove My PTSD Injury Claim?

Proving PTSD injury in Pensacola hinges on showing that your mental and emotional condition is real, medically recognized, and directly linked to a traumatic event caused by someone else’s negligence. 

Here’s how to build a strong PTSD claim for compensation:

• Formal Diagnosis by a Mental Health Professional: Courts and insurance companies require documentation of your condition. You’ll need a diagnosis from a licensed psychologist, psychiatrist, or therapist. The diagnosis should include treatment plans, the severity of symptoms, and the likely duration of your condition.
• Medical Records and Mental Health Evaluations: Your medical file should reflect all your symptoms and how they connect to the accident. These records can be obtained from ER visits, general practitioners, and mental health providers.
• Expert Testimony: In more serious claims, your attorney may call on expert witnesses, like psychologists or psychiatrists, who can explain to a jury how your PTSD affects your day-to-day life and future prognosis.
• Evidence of the Accident and Physical Impact: As Florida’s Impact Rule applies, your legal team must show that a physical injury also occurred during the traumatic incident. 
• Personal Documentation: Your own journal, emails, or video diary can be used to show how PTSD has impacted your work, relationships, sleep, and emotional health. Family and friend testimony can also support your claim.
• Employment and Lifestyle Impact: If PTSD prevents you from working or participating in life as you once did, wage records and employer statements can help prove economic losses.

A personal injury attorney can help gather and present this evidence in the most effective way to support your PTSD claim in Pensacola.

Who Pays for My PTSD Compensation in Pensacola?

Generally, the party responsible for your accident and their insurance company is typically the one who pays accident damages. However, PTSD isn’t covered by Personal Injury Protection insurance; hence, you will directly claim for PTSD compensation from the at-fault party. 

Here are common scenarios:

• Auto Accidents: If another driver caused the crash, their liability insurance may pay for your PTSD-related damages. You’ll first turn to your own PIP policy, which covers limited medical and wage losses, then file against the at-fault driver for the rest.
• Premises Liability: Property owners can be held liable if they failed to fix or warn of hazards. Their homeowner’s or commercial insurance policy usually provides compensation.
• Medical Malpractice: Hospitals, doctors, and other healthcare providers may be financially liable if medical negligence caused a traumatic experience leading to PTSD.
• Workplace Injuries: If your PTSD was caused by a workplace accident and accompanied by a physical injury, you may be eligible for workers’ compensation. In some cases, a third-party negligence claim may also be filed.

Your attorney will evaluate the circumstances and identify all potential sources of compensation. This is where experienced personal injury attorneys are crucial; they can negotiate aggressively with insurers and build a case that accounts for the full extent of your emotional, mental and financial losses.

Can I Sue Someone for My PTSD Injury in Pensacola?

Yes, you can sue someone for PTSD resulting from a personal injury accident, as long as your claim meets the necessary legal criteria. In Pensacola, lawsuits involving PTSD injury are generally brought as part of a personal injury action. 

You can file a personal injury claim if:

• Someone else’s negligence caused the accident
• You sustained a physical injury (even if minor)
• Your PTSD is diagnosed and directly connected to that incident
• You filed within the statute of limitations (usually two years for personal injury cases in Florida)

If your PTSD is severe or permanent, you may also be entitled to future damages. However, proving the seriousness of the injury is critical. This is why expert evaluations and mental health records are often essential in PTSD lawsuits.

Filing a lawsuit may become necessary if the at-fault party’s insurance company refuses to offer fair compensation. In some cases, insurers undervalue emotional trauma or dispute the connection between the accident and the psychological injury. Your injury attorney can present the medical and legal evidence needed to hold the negligent party accountable.

Speak with Our Attorney in Pensacola Who Understands PTSD Cases

If you’re struggling after an accident and suspect PTSD may be part of your injury, don’t wait. Compensation for PTSD in Pensacola is possible, but it requires a strong legal strategy and credible medical evidence. 

The Morgan Law Group can help you document your condition, calculate damages, and negotiate or litigate to get the right compensation you deserve. Call us today at (305) 520-7254 or contact us using our online form for a free consultation about your PTSD injury at our office in Pensacola.