Louisville, Kentucky
Anxiety, flashbacks or fear of driving after a Kentucky accident? Learn how PTSD is diagnosed and treated and how Kentucky law treats these claims.
Reviewed by Larry Forman, Attorney
Some injuries don’t show up on an X-ray. Weeks after a crash, you might still flinch every time a car brakes behind you. You might take the long way to avoid the intersection where it happened, wake up from the same dream, or snap at the people you love without knowing why. Some people stop driving altogether.
Those reactions are common after a frightening accident, and for some people they become post-traumatic stress disorder (PTSD), depression or anxiety that needs treatment. This page explains how PTSD is diagnosed and treated, how Kentucky law handles emotional distress claims, and how to document an injury people can’t see.
If you are struggling or having thoughts of suicide, call or text the 988 Suicide & Crisis Lifeline at 988. In an emergency, call 911.
The National Institute of Mental Health (NIMH) explains that fear during and after a traumatic event is part of the body’s natural fight-or-flight response, and most people recover from those reactions over time. People who continue to have symptoms may be diagnosed with PTSD. NIMH lists accidents among the events that can lead to it.
NIMH, citing the U.S. Department of Veterans Affairs’ National Center for PTSD, reports that about 6 of every 100 people will experience PTSD at some point in their lives.
According to NIMH, symptoms usually begin within three months of the event but sometimes appear later. To be diagnosed with PTSD, an adult must have all of the following for at least one month, severe enough to interfere with relationships, work or other parts of daily life:
NIMH notes that people with PTSD often also have depression, anxiety disorders or substance use problems. Only a mental health professional such as a psychiatrist, psychologist or clinical social worker can determine whether symptoms meet the criteria for PTSD.
NIMH explains that young children may show trauma through bed-wetting after being toilet trained, being unable to talk, acting out the event during play, or being unusually clingy. Older children and teens may develop disruptive behavior or feel guilt over not preventing an injury. If your child was in a crash, watch for changes and tell their pediatrician.
Any frightening, violent event can. In our practice, emotional injuries often follow:
NIMH lists risk factors that make PTSD more likely, including getting hurt or seeing people hurt or killed, feeling horror or extreme helplessness, having little support afterward, and dealing with stressors like pain, injury or losing a job. Many of those describe the weeks after a serious accident.
NIMH says the main treatments are psychotherapy, medication, or both, and recommends working with a mental health professional who has experience treating PTSD.
Research on crash survivors supports treatment. A controlled study of people with long-lasting PTSD after motor vehicle accidents (Blanchard et al., 2003) found cognitive behavioral therapy produced significantly greater improvement than supportive therapy or a wait list.
Getting help isn’t just good for your claim. It’s good for you. NIMH says that if a loved one’s symptoms don’t improve after six to eight weeks, encourage them to talk with their health care provider.
This is the part most people don’t know, and it matters.
If you were physically hurt and your injury meets Kentucky’s requirements, your damages can include mental anguish along with pain and suffering. PTSD, depression and anxiety caused by the accident are part of that picture. The stronger the treatment records, the more clearly a jury or adjuster can see the harm.
Kentucky’s Motor Vehicle Reparations Act controls when you can recover non-economic damages from the at-fault driver. The statute allows damages “for pain, suffering, mental anguish and inconvenience because of bodily injury” only if medical expenses exceed $1,000 or the injury includes something like a fracture, permanent disfigurement, permanent injury within reasonable medical probability, or permanent loss of bodily function (KRS 304.39-060(2)(b)).
Two practical points:
For many years, Kentucky required some physical “impact” before a person could recover for emotional distress. In Osborne v. Keeney, 399 S.W.3d 1 (Ky. 2012), the Kentucky Supreme Court ended that rule. Now a person claiming emotional distress must prove the usual elements of negligence (duty, breach, injury and causation), and must show the emotional injury is “severe” or “serious.”
The Court explained that distress that doesn’t significantly affect everyday life or require significant treatment won’t qualify, and that a plaintiff claiming emotional distress damages must present expert medical or scientific proof of the injury. In other words, a diagnosis and testimony from a qualified mental health professional are essential for these claims.
Kentucky’s pure comparative fault rule reduces recovery by your share of fault but doesn’t bar it (KRS 411.182). For most motor vehicle injury lawsuits the deadline is generally two years from the injury or last PIP payment, whichever is later (KRS 304.39-230(6)). Most other personal injury claims generally must be filed within one year (KRS 413.140(1)(a)). Because PTSD symptoms can appear months after an event, don’t wait for a diagnosis to talk to a lawyer about deadlines.
“It’s just stress. Everyone’s upset after a wreck.” That’s partly true, which is why the Osborne standard asks whether the distress is severe and backed by professional proof. Treatment records answer this argument.
“You had anxiety before.” Insurers often request years of mental health records. A prior condition doesn’t erase harm the accident added, but honesty matters. (See Flags.)
“You never got treatment.” Gaps are the biggest problem in these cases. Many people avoid therapy because of cost or stigma. If that’s you, talk to us. PIP may help pay for care.
“Your social media looks happy.” One smiling photo doesn’t capture a life. But it can be used against you, so be careful what you post.
We treat emotional injuries as real injuries. We help clients find a path to care, use PIP where it applies, gather records and statements from the people who know you well, and work with your treating providers so the harm is explained clearly. When a case calls for it, we prepare it to be presented to a jury. Larry Forman has tried 50+ jury trials. Learn more about Larry.
Yes. NIMH lists accidents among the traumatic events that can lead to PTSD, and specifically notes that some people avoid driving or riding in a car after a serious crash. Most people’s distress fades over time; PTSD is diagnosed when symptoms last more than a month and interfere with daily life.
Often, yes, as part of a claim for your injuries. Mental anguish is a recognized category of damages. In car crash cases, Kentucky’s no-fault threshold must be met to recover non-economic damages from the at-fault driver. A claim for emotional distress without any physical injury must meet the stricter Osborne v. Keeney standard: a severe or serious emotional injury proven with expert medical or scientific evidence.
For a standalone emotional distress claim in Kentucky, yes, in practice. Osborne requires expert medical or scientific proof. Even when emotional harm comes with a physical injury, a diagnosis and treatment records make the claim far stronger.
There’s no formula. Value depends on how severe the symptoms are, how long they last, how they affect work and family life, the treatment needed, the related physical injuries, and the evidence of fault. Anyone giving you a number before reviewing your records is guessing.
The insurance company may ask for it. A history of anxiety or depression doesn’t bar a claim for the harm the accident caused, but it has to be handled honestly and carefully. We help clients through that process.
Children can have emotional injuries too, and NIMH notes their symptoms may look different from adults’. Claims for minors follow special rules, including court approval of some settlements. Talk to a lawyer about your child’s situation.
Possibly, but this area of Kentucky law is narrow and fact-specific. It depends on what you saw, your relationship, and whether you can prove a severe emotional injury with professional evidence. Talk to a lawyer promptly.
Call Forman & Associates at 502-931-6788 or 1-844-77-4-HURT, or message us for a free case evaluation. We’re at 1139 S. 4th St., Louisville, KY 40203.
This page is general information, not legal, medical or mental health advice. If you are in crisis, call or text 988.
