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Can I Sue for PTSD After a Car Accident in Kentucky?

April 21, 20253 min read

A serious car accident doesn’t always leave visible wounds. For many Kentuckians, the most lasting damage comes in the form of psychological trauma—especially post-traumatic stress disorder (PTSD). If you're suffering from mental health issues after a crash, you may be wondering whether you're entitled to legal compensation. The answer is yes: Kentucky law recognizes PTSD as a valid injury in certain personal injury cases, including those involving car accidents.

Understanding PTSD After a Car Accident

PTSD is a mental health condition triggered by a traumatic event. In the context of motor vehicle collisions, PTSD may develop when a crash causes overwhelming stress, fear, or helplessness. Common symptoms include:

  • Flashbacks or intrusive memories of the accident

  • Nightmares or difficulty sleeping

  • Severe anxiety or panic attacks when driving or riding in a car

  • Emotional numbness or detachment

  • Avoidance of crash-related triggers (e.g., certain roads or intersections)

Traffic accidents are among the leading causes of PTSD nationwide. In Kentucky, the legal system allows for compensation if your PTSD can be linked directly to another person’s negligence—such as distracted or reckless driving.

Legal Grounds for a PTSD Claim in Kentucky

To bring a successful PTSD-related personal injury claim, the injured party must prove:

  1. Negligence – The at-fault party acted recklessly or carelessly.

  2. Causation – Their negligence directly caused the car accident.

  3. Damages – You developed PTSD as a result of the crash.

PTSD falls under the category of non-economic damages in Kentucky law. These are injuries that affect your quality of life rather than your bank account—but they are still legally recognized and compensable.

What Evidence Can Strengthen a PTSD Claim?

Since PTSD is not a visible injury, documentation and professional evaluations are key. Evidence that can help build your case includes:

  • Mental health records from licensed professionals

  • Diagnosis using the DSM-5 criteria for PTSD

  • Testimony from psychologists or psychiatrists

  • Statements from friends or family about behavioral changes

  • Journals describing panic attacks, emotional shifts, or sleep disruptions

  • Employment records showing missed work or reduced performance

The more comprehensive your documentation, the stronger your legal claim will be.

Types of Compensation Available

If your PTSD was caused by a negligent driver, you may be eligible for several forms of compensation:

  • Medical and therapy expenses

  • Prescription medication costs

  • Lost wages or reduced earning capacity

  • Pain and suffering

  • Loss of enjoyment of life

Since Kentucky has no cap on non-economic damages in car accident cases, courts can award compensation based on the full impact the trauma has had on your life.

Can You Sue Without Physical Injuries?

Yes. Kentucky allows for emotional distress claims even when no physical injury is present—as long as the distress is serious, documented, and tied to a specific negligent act. However, emotional claims are more likely to succeed when paired with physical injuries, as courts tend to view them as more verifiable.

Filing Deadlines and Legal Support

Kentucky’s statute of limitations for personal injury claims is generally one year. This includes PTSD and emotional distress cases. Delaying your claim could prevent you from recovering compensation, so it's critical to act promptly.

A qualified personal injury attorney can help you gather the right documentation, communicate with insurers, and present a compelling case. PTSD is a legitimate and life-altering consequence of car accidents—and Kentucky law provides legal pathways for justice and healing.

sue for PTSD after car accident Kentucky
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This is an advertisement. Alex White is a lawyer licensed solely in Kentucky. Work may be performed by another Attorney. Offices at 904 Minoma Avenue, Louisville, KY 40217 and 2813 Main Street, Hurricane, WV 25526.

This is an advertisement. Alex White is a lawyer licensed solely in Kentucky. Work may be performed by another Attorney. Offices at 904 Minoma Avenue, Louisville, KY 40217 and 2813 Main Street, Hurricane, WV 25526.

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Location

904 Minoma Avenue Louisville, KY 40217

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Phone

800.929.4486

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Fax

502.585.3559

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Email

Alex@arwhitelaw.com

All rights reserved by Alex White. Copyright 2025. Website design by SuBo.

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Location

904 Minoma Avenue Louisville, KY 40217

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Phone

800.929.4486

Image

Fax

502.585.3559

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Email

Alex@arwhitelaw.com

All rights reserved by Alex White. Copyright 2023. Website design by Shark Jockey.