Traumatic events often leave lasting scars, not all of which are visible. Generally, personal injury lawsuits bring to mind physical wounds and financial losses; however, the psychological impact of an accident can be just as debilitating. Post-Traumatic Stress Disorder (PTSD) is a severe mental health condition that can arise after experiencing or witnessing a particularly terrifying event. But when pursuing a personal injury claim in Florida, does the law recognize and compensate for this invisible injury? Please continue reading as we explore whether you can seek compensation for the emotional trauma you have endured, and how our dedicated Bradenton Personal Injury Lawyers can help you fight for the justice you deserve.
What Is Post-Traumatic Stress Disorder (PTSD)?
Post-Traumatic Stress Disorder (PTSD) is a mental health condition that can develop after witnessing or being involved in a traumatic event, such as a serious accident, including vehicle collisions, assaults, or workplace injuries. For many residents of Florida, the emotional impact stemming from a traumatic event persists long after the physical injuries have healed.
Common PTSD Symptoms Recognized in Injury Claims
- Depression
- Recurring flashbacks or intrusive thoughts
- Anxiety or panic attacks triggered by reminders of the event
- Emotional detachment
- Negative changes in mood and cognition
- Avoidance of reminders of trauma
- Hyperarousal
- Difficulty sleeping (nightmares)
- Difficulty concentrating
Can I Recover Compensation for PTSD in a Personal Injury Lawsuit in Florida?
Under Florida personal injury law, PTSD is compensable in a personal injury claim if three conditions are met: The condition must be medically diagnosed by a licensed mental health professional, the PTSD is a direct result of a negligent act, and the symptoms of the PTSD interfere with the victim’s daily function and quality of life. When these are established with documented medical evidence, PTSD is treated as a form of non-economic damages in accordance with Florida personal injury law.
In a personal injury case, PTSD normally falls under what is known as non-economic damages, which covers subjective losses like pain and suffering, mental anguish, and loss of enjoyment of life. While economic damages are based on documented costs like medical bills and lost wages, non-economic damages are much harder to quantify. The monetary value of non-economic damages is typically determined based on the severity of the injury and its impact on a victim’s daily life.
It’s also necessary to note that, in order for a claim to be successful, you must prove that the PTSD stems directly from the negligent act and is not caused by unrelated past traumas. Additionally, the PTSD symptoms must have a meaningful impact on your quality of life.
What Must Be Proven to Recover PTSD Compensation in Florida?
For a successful claim in Florida, you must show that your PTSD diagnosis is directly linked to the negligent act that caused the underlying injury or trauma. Courts need clear and credible medical documentation and expert testimony. A licensed psychiatrist or psychologist can testify about the conditions, cause, duration, and impact on your ability to work or lead a normal life.
Key Legal Requirements
- A qualifying traumatic event caused directly by another person’s negligence
- A formal PTSD diagnosis from a licensed professional
- Medical records showing the onset after the accident
- Expert testimony linking PTSD to the accident
- Evidence showing the disruption symptoms have on the victim’s life
Why Some PTSD Claims Fail in Florida Personal Injury Cases
PTSD claims are often denied when there is insufficient medical evidence, large gaps in treatment, or evidence that indicates that the trauma stems from prior instances and events. Insurance companies will often argue against emotional damages, claiming they are “exaggerated” or temporary. As such, insurance companies will utilize the following weaknesses to their advantage to reject or reduce a PTSD claim:
- No formal diagnosis from a licensed mental health professional
- Delayed mental health treatment following the accident or injury
- Prior traumatic history without explicit differentiation in the medical records
- Lack of evidence showing disruption in employment or quality of life
How Do Florida Courts Value PTSD Damages?
In Florida personal injury cases, PTSD damage valuations are often raised during settlement negotiations rather than at trial. This is because insurers need time to examine treatment duration, the credibility of experts, and how consistent the treatment has been. Florida courts and insurance companies weigh medical records created shortly after the accident or injury and expert opinions to help separate and identify traumas that previously existed.
Unlike medical expenses, lost wages, or property damage, valuing a loss like PTSD can be incredibly difficult. This is because these losses are subjective and do not have an attached monetary value.
Common Methods Used to Calculate PTSD Damages in Florida
- Multiplier Method
- Economic damages are multiplied by a factor
- Multipliers typically range from 1.5 to 5 based on the severity of the injury
- Per Diem (Daily Rate) Method
- A dollar amount is assigned representing emotional suffering
- The rate is multiplied by the number of days the symptoms persist
What Evidence Can Strengthen a PTSD Claim in Florida?
Because PTSD is not visible, ensuring you have a strong claim is imperative to fight for the compensation you deserve. As such, gathering consistent, credible evidence and expert support is imperative to fight for the justice and compensation you deserve.
Documentation That Carries Legal Weight
- Psychiatric or psychological evaluations conducted by licensed mental health professionals
- Ongoing therapy or mental health counseling records
- Daily journal tracking symptoms, triggers, and how they impact daily life
- Employer statements expressing a decline
- Prescription medication history
- Testimony from loved ones describing changes in the victim
Contact an Experienced Personal Injury Attorney Today
Proving the existence of PTSD and its direct ties to an accident can present legal challenges, despite its recognition as a mental health condition. Securing legal representation ensures your case is strategically developed. A skilled attorney at Becker & Lindauer, LLC, we will help you fight for the compensation you deserve and need to get your life back on track. Connect with our legal team today to schedule a consultation.
