Legal MDs Consulting Response:
Personal injury attorneys frequently focus on the physical injuries sustained by their clients, and understandably so. However, the psychological impact of trauma — particularly Post-Traumatic Stress Disorder (PTSD) — can represent a significant and often undervalued component of damages. As physician consultants, we see many cases where PTSD goes undiagnosed or is dismissed as a normal stress response, resulting in substantial lost case value.
The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR, American Psychiatric Association, 2022) defines PTSD as a condition arising from exposure to actual or threatened death, serious injury, or sexual violence. The diagnostic criteria include intrusive symptoms such as flashbacks and nightmares, avoidance of trauma-related stimuli, negative alterations in cognition and mood, and marked changes in arousal and reactivity. The condition must persist for more than one month and cause clinically significant distress or functional impairment.
Importantly for personal injury cases, the DSM-5-TR recognizes that PTSD can develop from events such as motor vehicle accidents, workplace injuries, and assaults — precisely the types of incidents that give rise to personal injury claims. Kessler et al. in the Archives of General Psychiatry (1995, Volume 52, Issue 12, pages 1048–1060) found that among trauma-exposed individuals, motor vehicle accidents were one of the most common precipitating events for PTSD.
The legal landscape for PTSD claims has evolved significantly. In Molien v. Kaiser Foundation Hospitals, 27 Cal.3d 916 (1980), the California Supreme Court recognized that emotional distress damages were compensable even in the absence of physical impact, provided there was a genuine claim of serious emotional distress. While jurisdictions vary in their specific requirements, the trend across the country has been toward greater recognition of psychological injury as a legitimate component of damages.
The economic impact of PTSD on damages can be substantial. Individuals with PTSD may experience impaired work capacity, need for ongoing psychotherapy and medication management, disruption of family and social relationships, and diminished quality of life. When future care costs are calculated by a qualified life care planner, the lifetime cost of treating PTSD can add significantly to the total damages.
In a case we recently reviewed, a 34-year-old delivery driver was T-boned by a commercial truck. His orthopedic injuries resolved within six months, but he continued to experience severe anxiety while driving, recurrent nightmares, and hypervigilance. His primary care physician had prescribed a short course of anti-anxiety medication but had not referred him for psychiatric evaluation. We identified the signs of PTSD in our records review and recommended formal psychiatric assessment. The diagnosis was confirmed, and a structured treatment plan including trauma-focused cognitive behavioral therapy was established. The psychological damages ultimately constituted a significant portion of the total case value.
If your client experienced a traumatic event and is showing signs of anxiety, avoidance behavior, sleep disturbance, or emotional dysregulation, our physicians can evaluate whether PTSD or another trauma-related psychological condition may be present and help you build the medical foundation for a claim of psychological damages.
References
American Psychiatric Association. Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR). Washington, DC: American Psychiatric Association; 2022.Kessler RC, Sonnega A, Bromet E, et al. “Posttraumatic stress disorder in the National Comorbidity Survey.” Archives of General Psychiatry. 1995;52(12):1048-1060.Molien v. Kaiser Foundation Hospitals, 27 Cal.3d 916 (1980).
This situation is another example of how we can assist you with all the medical issues in your cases. Call (954) 649-5739 or email DrC@legalmds.com to schedule a time to talk about one of your cases.
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