Yes. Post-traumatic stress disorder is a recognized medical condition that can develop after a car accident, and it is more common than most people realize. A person who walks away from a collision with no broken bones and no visible injuries may still develop intrusive flashbacks, severe anxiety while driving, sleep disruption, hypervigilance on the road, and emotional responses that interfere with daily life for months or years after the event.
PTSD after a car accident is not a sign of weakness. It is a diagnosable psychiatric condition with specific clinical criteria, and under New York law, it can be the basis for a personal injury claim against the driver who caused the accident. But recovering compensation for PTSD requires meeting a legal threshold that does not apply to physical injuries — and understanding that threshold is essential.
How PTSD develops after a car accident
PTSD occurs when the brain’s response to a traumatic event does not resolve on its own. After a serious car accident, it is normal to feel shaken, anxious, or on edge for days or even weeks. For most people, those reactions fade. For some, they do not. The anxiety persists. The flashbacks continue. Driving becomes difficult or impossible. Sleep is disrupted by nightmares about the accident. Everyday situations — the sound of brakes, an intersection that resembles the accident scene, a car approaching from the side — trigger intense fear or panic.
A diagnosis of PTSD requires that these symptoms persist for more than one month and that they significantly impair the person’s ability to function in daily life, at work, or in relationships. The diagnosis is made by a psychiatrist or psychologist based on clinical evaluation using the criteria in the DSM-5. The evaluation considers four symptom clusters: intrusive re-experiencing of the event, avoidance of reminders, negative changes in mood and cognition, and heightened arousal and reactivity.
The serious injury threshold in New York
New York is a no-fault insurance state. After a car accident, your own insurance covers your medical expenses and lost wages up to the policy limits through Personal Injury Protection, regardless of who was at fault. To sue the other driver for additional damages — including pain and suffering — you must demonstrate that your injuries meet the “serious injury” threshold defined in Insurance Law Section 5102(d).
Section 5102(d) lists several categories of serious injury, including permanent loss of use of a body organ or member, significant limitation of use of a body function or system, and a medically determined injury or impairment of a non-permanent nature that prevents the person from performing substantially all of their customary daily activities for at least 90 of the 180 days following the accident.
PTSD can qualify under multiple categories. If the condition prevents you from working, driving, or performing your normal daily activities for 90 out of the first 180 days after the accident, it meets the 90/180 category. If the PTSD is chronic and produces significant long-term limitations on your ability to function, it may meet the significant limitation category. The key is that the condition must be documented by a qualified mental health professional with specific clinical findings.
The medical evidence required for a PTSD claim
A PTSD claim requires more than the injured person saying they feel anxious after the accident. It requires a formal diagnosis from a psychiatrist or psychologist, based on a clinical evaluation that documents the specific symptoms, their onset, their duration, their severity, and their impact on daily functioning.
The treating mental health professional should document the frequency and content of intrusive thoughts or flashbacks, the specific situations the patient avoids (driving, certain roads, being a passenger), changes in sleep patterns, changes in mood or emotional state, and any impact on work, relationships, or daily activities. Standardized assessment tools — such as the PCL-5 (PTSD Checklist) or the CAPS-5 (Clinician-Administered PTSD Scale) — provide objective measurements that strengthen the claim.
If you are not seeing a mental health professional after the accident, start. The medical record is the evidence your case is built on. A gap between the accident and the first mental health visit gives the defense an argument that the symptoms are not as severe as claimed or that something other than the accident caused them.
PTSD alongside physical injuries
PTSD frequently occurs alongside physical injuries from the same accident. A person who suffered a fracture, a back injury, or a traumatic brain injury may also develop PTSD from the experience of the collision itself. When PTSD accompanies physical injuries, the combined impact on the person’s life is greater than either condition alone, and the damages in a personal injury claim reflect that combined impact.
PTSD can also make physical recovery harder. A person who is afraid to leave the house may miss physical therapy appointments. A person whose sleep is disrupted by nightmares may heal more slowly. The interaction between the psychological and physical conditions is part of the damages picture.
PTSD without physical injuries
A PTSD claim does not require physical injuries. A person who was in a severe collision, witnessed a fatality, or experienced a genuine threat to their life can develop PTSD even if they walked away without a scratch. The challenge in these cases is meeting the serious injury threshold, because the defense will argue that a person who was not physically injured could not have been seriously affected.
The response to that argument is the medical evidence. A psychiatrist’s diagnosis based on clinical evaluation, supported by standardized assessment scores, treatment records showing ongoing therapy, and documentation of functional limitations is the evidence that overcomes the defense’s skepticism. The condition is real. The medical evidence must prove it.
What damages are available for PTSD from a car accident
If the serious injury threshold is met, the damages available for PTSD include the cost of psychiatric and psychological treatment (past and future), lost wages if the condition prevented you from working, pain and suffering for the emotional distress and diminished quality of life, and loss of enjoyment of life if the PTSD has limited your ability to participate in activities you previously enjoyed.
PTSD cases can produce substantial pain and suffering awards because the condition affects every aspect of daily life. A person who cannot drive, cannot sleep, cannot be in a car without panic, and lives in a state of heightened anxiety for years after the accident has suffered damages that are real and quantifiable through the medical evidence.
How Schwartzapfel Holbrook handles PTSD claims from car accidents
At Schwartzapfel Holbrook, we evaluate every car accident case for both physical and psychological injuries. When a client is experiencing symptoms of PTSD, we ensure they are connected with a qualified mental health professional, that the diagnosis is properly documented with specific clinical findings and standardized assessments, and that the medical evidence supports meeting the serious injury threshold under Section 5102(d).
PTSD is an invisible injury. The defense will challenge it. The insurance company will minimize it. The medical evidence is what makes the case. Building that evidence early and thoroughly is how we approach every PTSD claim.
Schwartzapfel Holbrook / Fighting For You