Yes. Oklahoma law lets you pursue compensation for post-traumatic stress disorder (PTSD) caused by another driver’s negligence, as part of a claim for pain, suffering, and other non-economic damages. You will need medical evidence linking the diagnosis to the crash, and your recovery is barred only if your own fault exceeds 50 percent (23 O.S. § 13).
What Is PTSD After a Car Accident?
Post-traumatic stress disorder, as the American Psychiatric Association defines it, is a mental health condition that can develop after a person experiences or witnesses a traumatic event, including a serious car accident. Symptoms can include:
- Intrusive memories or flashbacks of the crash
- Avoidance of driving, the accident scene, or other reminders of the trauma
- Persistent negative changes in mood and thinking
- Hyperarousal, including trouble sleeping and being easily startled
These symptoms can interfere with a person’s ability to work, maintain relationships, and return to the daily activities they enjoyed before the crash.
Proving Your PTSD Claim in an Oklahoma Car Accident Case
To recover compensation for PTSD, you need evidence connecting your diagnosis to the crash. According to the National Institute of Mental Health, that evidence typically includes:
- Medical records from mental health professionals diagnosing and treating the psychological injuries you suffered in the crash
- Personal journals documenting the emotional impact of the accident
- Statements from family, friends, or coworkers who have observed changes in your behavior
- Expert testimony from a mental health professional on how the crash affected you
Oklahoma’s Legal Framework for Emotional Distress Claims
Oklahoma personal injury claims allow both economic and non-economic damages. Economic damages cover tangible losses such as property damage, medical expenses, and lost wages. Non-economic damages for emotional distress cover intangible losses such as pain, suffering, and PTSD. To recover for emotional distress, you generally must show:
- The other driver owed you a duty of care
- The other driver breached that duty
- The breach caused your emotional distress
Oklahoma also limits who can bring these claims. Generally, only the person directly involved in the crash, or a close relative who witnessed a loved one’s serious injuries, can pursue an emotional distress claim, and the claim usually must be tied to a physical injury or impact from the crash (a physical injury link is not required when the conduct was intentional). Working with an Oklahoma City injury attorney can help you document these elements and pursue the full compensation available.
Filing a Lawsuit and Handling Insurance Company Pushback
A PTSD lawsuit in Oklahoma follows the same basic steps as any car accident case: filing a petition that states the claims and the relief sought, serving the other driver, and moving through discovery, pre-trial motions, and, if the case doesn’t settle, trial.
Insurance companies are often skeptical of PTSD claims. Adjusters may argue your symptoms are unrelated to the crash, or that you were partially at fault for the accident. Under Oklahoma’s comparative negligence law, your recovery is barred only if you are found more than 50 percent at fault. At exactly 50 percent or less, you can still recover, with your damages reduced in proportion to your share of fault (23 O.S. § 14).
Oklahoma law also allows the actual amount paid for your medical care, rather than the amount originally billed, into evidence (12 O.S. § 3009.1). If your health insurer paid part of your bills, expect a subrogation claim from that insurer against your settlement or verdict.
Uninsured Motorist Coverage for PTSD Claims
If the at-fault driver was uninsured or underinsured, your own UM/UIM policy limits can still cover your PTSD claim. Oklahoma auto insurers must offer this coverage unless you reject it in writing (36 O.S. § 3636).
Damages You Can Recover for PTSD
A successful PTSD claim can include:
- Costs of therapy, medication, and other PTSD treatment
- Lost wages if PTSD keeps you from working
- Pain and suffering
- Loss of enjoyment of life and reduced quality of life
Getting Help After a Car Accident
If you’re struggling with PTSD after a crash, prioritizing your mental health matters as much as your legal claim. The Mayo Clinic notes that early treatment can improve your long-term outcome, so don’t wait to reach out to a mental health provider or support group.
An experienced attorney handling Oklahoma City car accident and PTSD claims can help you document your condition and pursue the compensation you deserve. Hasbrook & Hasbrook offers free consultations: call 405-605-2426 or start a free PTSD case review.
