Still Struggling After the Crash? Your Mind Is Part of Your Recovery

PTSD after a car accident can be real. It can also last a long time. Whether PTSD counts depends on three things:

• The type of injury
• The medical record
• The facts of the crash

No one can give a dependable settlement figure without those facts.

This page explains what Florida law looks at. It can help you understand where you stand. It is general information, not medical advice. Please follow your doctors’ care.

Can you recover for PTSD after a Florida car crash?

• Significant and permanent loss of an important bodily function.
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
• Significant and permanent scarring or disfigurement.
• Death.

PTSD on its own is not listed by name. Many people with PTSD after a crash also have a physical injury. Examples include a traumatic brain injury or a spinal injury. Whether the law counts the lasting harm depends on the medical proof in that case.

Before trial, a defendant can ask the court to decide whether you meet these requirements. If the court finds you will not be able to submit some evidence that you meet these requirements, it must dismiss the claim without prejudice. “Without prejudice” means the case ends for now. The court has not made a final ruling on the merits, meaning the real issues of who is right and what happened. This is according to § 627.737. That is why careful medical documentation matters from the start.

What does PTSD look like after a crash?

PTSD after a crash can mean nightmares, flashbacks, or a strong fear of driving. Some people avoid certain roads or freeways. Others feel panic at the sound of brakes or squealing tires. Sleep, work, and family life can suffer, too.

Symptoms can appear in different ways and at different times. Keep a simple journal of what you notice and when. Share it with your doctors. This helps your care reflect what you are living with.

What are noneconomic damages?

Noneconomic damages pay for harm that does not come with a bill. They cover things like:

• Pain and suffering
• Emotional distress
• Disfigurement
• Loss of enjoyment of life

For more detail, see this review of noneconomic damage caps.

Economic damages are different. They cover measurable losses, such as medical bills and lost wages. A PTSD claim often involves both kinds of harm.

How fault and insurance shape a claim

When more than one person contributed to a crash, fault can be shared. Florida’s comparative fault statute, § 768.81, sets out how fault is divided among those involved.

Insurance also matters. Florida requires personal injury protection (PIP). PIP is the insurance that pays certain medical and disability benefits.

• Under § 627.736, PIP provides $10,000 in medical and disability benefits.
• Under Fla. Stat. § 627.736, the medical benefit is eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services.
• This applies when you get initial care within 14 days after the crash.

PIP benefits are not the same as a lawsuit recovery. The statute says an injured party who is entitled to bring suit under ss. 627.730-627.7405 cannot recover damages for PIP benefits paid or payable. It also bars an insurer from holding a lien on a tort recovery. A lien is a claim to be paid from a lawsuit payment. Here, the lien is barred for those benefits.

Other rules can change the numbers:

• Collateral sources: Under § 768.76, a court reduces an award by all amounts paid for the claimant, or otherwise available to the claimant, from all collateral sources. These are other payers, such as some insurers. There is no reduction for sources that hold a subrogation or reimbursement right. That is a right to be paid back from your recovery.
• Policy limits: Under § 627.4137, an insurer must provide a sworn statement within 30 days of a written request. The statement covers the insurer’s name, each insured, the coverage limits, any policy or coverage defense the insurer reasonably believes is available, and a copy of the policy.
• Underinsured coverage: When the at-fault driver’s coverage is too low for your injuries, § 627.727 sets out notice steps that may apply.
• Releases: Under § 768.041, a release with one party does not release any other party who may be liable for the same harm. Read any release carefully before you sign.

Why no average number tells the whole story

A single average figure leaves out the facts that matter most. These include:

• The medical record
• The fault split
• The insurance limits
• How the injury changes daily life

Florida courts also review verdicts in motor vehicle cases. A verdict is the jury’s or judge’s final decision. Under § 768.043, a court considers whether an award bears a reasonable relation to the damages proved and the injury suffered.

Timing matters

Florida sets deadlines for filing lawsuits under § 95.11. These deadlines keep running while you focus on recovery. Do not wait to learn what applies to your case.

When a crash takes a life

When a fatal crash leaves a family behind, the path forward can feel overwhelming. Death is one of the categories listed in § 627.737. Families can ask questions about their rights and next steps at their own pace.

If you are struggling right now

If you or someone you love is thinking about suicide or self-harm, call or text 988 (988 Suicide & Crisis Lifeline) now.

Frequently asked questions

Talk with CHG Personal Injury Lawyers

CHG Personal Injury Lawyers is a Florida personal injury firm. The practice focuses on catastrophic injury, truck, and negligent-security claims. It serves clients throughout Florida, including Miami, Orlando, Tampa, and Jacksonville.

Igor Hernandez is the responsible lawyer. Our team supports the work.

Our team offers a free, confidential, no-obligation initial consultation. CHG charges no attorney’s fees and no case costs unless there is a recovery. Every case is different. No lawyer can promise any result. A prospective client may not obtain the same or similar results.

If a crash has left you or someone you love living with PTSD, you don’t have to sort out the insurance and legal questions alone. Contact CHG to talk it through.