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?

PTSD After Car WreckPost-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:

  1. The other driver owed you a duty of care
  2. The other driver breached that duty
  3. 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

Packed Courtroom Car Accident Trial ArgumentsA 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.

Hasbrook and Hasbrook Lawyers

Contact Hasbrook & Hasbrook Today

If you or a loved one has been injured due to someone else’s negligence, don’t wait to seek the legal help you need and deserve.

The experienced personal injury attorneys at Hasbrook & Hasbrook are here to fight for your rights and maximize your compensation.

Contact us today to schedule your free consultation and take the first step toward securing the justice you deserve.

Call today for a free case review 405-605-2426
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Our personal injury lawyers at Hasbrook & Hasbrook represent people injured in accidents throughout Oklahoma, including: Oklahoma City, Bethany, Del City, Ardmore, Owasso, Enid, Edmond, Muskogee, Stillwater, Shawnee, Ponca City, Norman, Moore, Midwest City, Lawton, Jenks, Duncan, Broken Arrow, Bixby, Bartlesville, Yukon, and Tulsa.
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We believe in holding insurance companies accountable. Accountability enhances our community’s safety and is pivotal in preventing additional needless tragedies. As personal injury attorneys, we choose to represent people instead of corporations and insurance companies. Our mission emphasizes the importance of safety standards and justice, seeking to prevent tragedies and transform lives impacted by negligence. Through accountability, we ensure a safer community for all of us.
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