Post-traumatic stress disorder (PTSD) is a serious psychological condition that can follow traumatic experiences such as car accidents, physical assaults, workplace injuries, or other severe incidents. In Florida, individuals suffering from PTSD due to someone else's negligence may have a right to recover damages in a personal injury lawsuit. Unlike physical injuries, PTSD can be harder to detect and prove—but with the right legal strategy and medical documentation, compensation is possible.
What Is PTSD and How Does It Arise in Personal Injury Cases?
PTSD is a mental health condition triggered by a terrifying event—either by experiencing it directly or witnessing it. Symptoms include flashbacks, nightmares, severe anxiety, avoidance behaviors, and emotional numbness. For Florida personal injury victims, PTSD may result from:
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Motor vehicle accidents
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Violent attacks or assaults
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Workplace or construction accidents
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Medical malpractice incidents
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Dog attacks or animal maulings
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Traumatic events involving children or death
Proving PTSD in a Florida Personal Injury Lawsuit
Unlike broken bones or lacerations, PTSD must be substantiated through expert evidence. Florida courts typically require a diagnosis by a licensed mental health professional, such as a psychiatrist or psychologist. Proving PTSD involves:
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A formal DSM-5 diagnosis of PTSD
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Testimony from treating mental health professionals
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Evidence linking the traumatic event to the emotional injury
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Witness testimony about behavior changes
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Medical records and therapy documentation
Under Florida law, emotional distress such as PTSD is compensable when it is a foreseeable result of another party’s negligence or intentional misconduct.
Independent Claims for Emotional Distress
Florida recognizes certain emotional distress claims even in the absence of physical injury, such as:
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Intentional Infliction of Emotional Distress (IIED): When conduct is so outrageous that it causes severe emotional harm.
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Negligent Infliction of Emotional Distress (NIED): Often limited to bystanders who witness a traumatic event involving close relatives, under strict conditions.
However, most PTSD claims in Florida arise from incidents where there is both a physical and psychological injury, making them part of a traditional negligence-based personal injury case.
Calculating Damages for PTSD
Damages for PTSD can be significant, especially when the symptoms are long-lasting or debilitating. Compensation may include:
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Past and future medical treatment (therapy, medication)
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Lost wages or loss of earning capacity
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Pain and suffering
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Loss of enjoyment of life
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Emotional anguish
If the PTSD stems from an intentional act (e.g., assault or abuse), punitive damages may also be available under Florida law.
Statute of Limitations for PTSD Claims in Florida
In most personal injury cases, including those involving PTSD, the statute of limitations in Florida is two years from the date of the incident (Fla. Stat. § 95.11). Delayed diagnosis or discovery of PTSD may affect when the clock starts. Prompt legal evaluation is critical to preserving the right to compensation.
Why Legal Representation Matters
Because PTSD claims require extensive medical and legal documentation, working with an experienced Florida personal injury attorney is crucial. A skilled lawyer can gather necessary evidence, coordinate with mental health professionals, and present a compelling case for full compensation.
Conclusion
PTSD can profoundly affect a person’s quality of life. If you or a loved one is suffering from PTSD due to another's negligence or wrongdoing in Florida, you may be entitled to substantial compensation. Understanding your legal rights and securing experienced counsel is the first step toward recovery.
Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
