Post-traumatic stress disorder (PTSD) following a car accident is a recognized, diagnosable psychological injury that is fully compensable under Nevada personal injury law. Yet PTSD and other psychological injuries are frequently undervalued, disputed, or entirely ignored by insurance companies who prefer to limit claims to the visible physical injuries they can see on imaging studies and medical records. Understanding how psychological injuries are proven, documented, and compensated in Nevada is essential for car accident victims who are suffering psychologically as well as physically after a serious collision.
PTSD as a Compensable Injury in Nevada
Nevada law allows recovery for all damages proximately caused by the defendant’s negligence, including psychological and emotional injuries. PTSD — as defined in the DSM-5 — is a psychiatric disorder triggered by exposure to a traumatic event involving actual or threatened death, serious injury, or sexual violence. Motor vehicle accidents are one of the leading causes of PTSD in the United States. The diagnostic criteria for accident-related PTSD include intrusive re-experiencing (flashbacks, nightmares), avoidance of accident-related stimuli (refusing to drive or ride in vehicles, avoiding the accident location), negative alterations in cognition and mood (depression, emotional numbness, survivor guilt), and hyperarousal symptoms (sleep disturbance, irritability, exaggerated startle response, hypervigilance while driving). A formal diagnosis from a licensed psychiatrist or psychologist — supported by a clinical interview and standardized testing tools such as the PCL-5 — is the foundation of a PTSD damages claim.
Other Psychological Injuries After Car Accidents
PTSD is the most widely recognized psychological injury after car accidents, but it is not the only one. Accident victims may also develop: major depressive disorder secondary to pain, disability, and life disruption; generalized anxiety disorder or panic disorder triggered by fears of driving or being a passenger; specific phobias, including vehophobia (fear of driving) and amaxophobia (fear of being a passenger in vehicles); and adjustment disorder with anxious or depressed mood. All of these are DSM-5 diagnoses that qualify as compensable injuries when they are causally connected to the accident and documented through consistent treatment records and professional evaluation.
Proving Causation for Psychological Injuries
The principal challenge in psychological injury claims is establishing that the accident caused the psychological condition rather than pre-existing mental health issues. A thorough pre-accident psychiatric history — showing either that the plaintiff had no prior mental health treatment or that the accident significantly worsened a pre-existing condition — is critical. The “eggshell plaintiff” doctrine in Nevada provides that a defendant takes their victim as they find them: if the plaintiff had a pre-existing vulnerability to psychological injury, the defendant remains fully liable for the psychological harm their negligence caused, even if a person without that vulnerability might not have developed PTSD from the same accident.
Calculating PTSD Damages
Compensable PTSD damages include: the cost of past and future psychotherapy (individual therapy, EMDR, cognitive processing therapy — standard evidence-based treatments for PTSD); psychiatric medication management costs; lost wages attributable to psychological symptoms that have prevented the plaintiff from working; and non-economic damages for pain, suffering, emotional distress, and reduced quality of life. Where PTSD is severe and chronic, a psychiatrist’s opinion regarding the need for lifelong treatment and its projected cost can support substantial future damages claims. Nevada does not cap non-economic damages, allowing juries to award compensation commensurate with the actual severity and duration of the psychological harm.
Contact Marathon Law Group
Marathon Law Group represents Las Vegas car accident victims with PTSD and other psychological injuries. Contact us for a free consultation.