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How Anxiety and PTSD After a Crash Can Affect Your Case in Louisiana

  • Writer: Taylor Burnham
    Taylor Burnham
  • Aug 1
  • 5 min read

Woman in office with head in hands, seated at a desk with a laptop, notebook, and coffee. Green plant in background, soft light.

Car accidents in Louisiana don’t just leave physical injuries — the emotional impact can be just as serious. For many accident victims, anxiety or post-traumatic stress disorder (PTSD) becomes part of daily life after a crash. These conditions can affect everything from sleep and work to relationships and the ability to drive again.


Anxiety, depression, and PTSD are recognized in personal injury cases, and they can significantly influence the outcome of a claim. With support from mental health professionals and the right legal guidance, victims can pursue compensation not just for physical harm, but also for emotional trauma that lingers long after the crash is over.


Understanding Emotional Distress


In Louisiana personal injury cases, emotional distress is a valid and recognized category of non-economic damages. That means even though anxiety or PTSD may not show up on an X-ray, they’re real injuries — and you can be compensated for them. Emotional distress includes:


  • Ongoing anxiety or panic attacks

  • Depression or emotional numbness

  • Sleep disturbances or nightmares

  • Fear of driving or riding in a car

  • Difficulty concentrating or returning to work


To prove emotional distress, you’ll need strong documentation. This often includes:


  • Medical records from psychologists, therapists, or psychiatrists

  • Written evaluations or testimony from mental health professionals

  • Journal entries or records of how symptoms affect your daily life and relationships


Emotional injuries can be just as life-altering as broken bones or back injuries. If they’re keeping you from working, caring for your family, or living your life the way you used to, they deserve to be taken seriously in your personal injury claim. Seeking compensation for emotional distress isn’t just about money — it’s part of your recovery.


The Impact of a Car Accident on Mental Health


It’s common for physical injuries—especially those causing chronic pain, limited mobility, or long-term impairment—to contribute significantly to emotional distress. The loss of independence, inability to work, and ongoing physical discomfort can take a heavy mental toll.


That’s exactly why seeing a mental health professional is just as important as getting medical care for physical wounds—and why emotional symptoms like severe anxiety, depression, or traumatic stress disorder (PTSD) must be included in your car accident claim.


Victims can recover for non‑economic damages such as pain and suffering, mental anguish, and emotional trauma. Louisiana courts recognize both intentional infliction and negligent infliction of emotional distress (NIED). NIED claims without physical injury are valid—if the claimant proves “especial likelihood of genuine and serious mental distress” arising from special circumstances, so the claim isn’t speculative


For most car accident cases, emotional distress is tied to physical harm, which strengthens the claim. Medical records showing both physical injuries and treatment by mental health professionals—such as therapy notes or psychological evaluations—are critical evidence. Courts look for documentation that symptoms are severe, debilitating, and clearly linked to the traumatic event, not merely fleeting anxiety.


In Louisiana, general non-economic damages (such as emotional suffering) aren’t capped in car accident claims, unlike in medical malpractice or government-entity cases, where caps apply.


That means emotional injuries can be fully accounted for in compensation for medical bills, lost wages, pain and suffering, and psychological harm, so long as they’re documented and linked to the accident.


Building a Strong Car Accident Claim


Two men stand outside the U.S. Court of Appeals building. One points ahead, holding documents; both appear engaged and smiling.

Building a strong car accident claim in Louisiana hinges on solid evidence. This includes:


  • Medical records that document physical injuries and any treatment from mental health professionals for psychological harm.

  • Witness statements that help verify how the accident occurred and its impact.

  • Journals or personal documentation that reflect how the trauma affected your daily life, emotional state, and ability to function.


It's not enough to prove physical injuries alone—proving emotional distress like anxiety or post-traumatic stress disorder (PTSD) is just as important. Emotional injuries are some of the most common forms of trauma after a car crash, yet they are often harder to quantify.

Insurance companies may try to diminish the emotional toll, labeling symptoms like depression or severe anxiety as temporary or insignificant.


A personal injury lawyer can help fight back against these claims by working with mental health professionals, gathering expert testimony, and applying recognized legal methods—like the multiplier method or diem method—to put a specific dollar amount on non-economic damages like pain and suffering.


Dealing with Insurance Companies if you're facing Anxiety and PTSD After a Crash


When it comes to car accident claims in Louisiana, insurance companies are not on your side. Their job is to pay out as little as possible—even if you’re facing lost income, medical bills, or long-term care like physical therapy.


That’s why having a personal injury lawyer makes such a difference. They know how to:


  • Anticipate and counter insurance company tactics aimed at minimizing emotional distress

  • Present strong evidence of psychological symptoms, like PTSD or depression

  • Collaborate with expert witnesses to prove emotional injuries and mental anguish

  • Push back when an insurance company tries to delay or deny your claim without good reason


The Role of Expert Witnesses


In personal injury cases—especially those involving emotional trauma like PTSD after a car crash—expert witnesses are often the turning point. Mental health professionals can testify about how the traumatic event has affected the victim’s daily life, providing insight into the depth of emotional distress and the likelihood of ongoing psychological symptoms such as depression, severe anxiety, or traumatic stress disorder (PTSD).


A few ways expert testimony strengthens your case:


  • Establishes a clear connection between the car accident and your emotional injuries

  • Helps prove emotional distress with clinical credibility

  • Gives context to emotional suffering that isn’t obvious in physical wounds


A personal injury lawyer can help identify and retain the right experts to support your claim for compensation, especially when proving emotional distress is critical.


Calculating Damages Using the Diem Method


Calculating non-economic damages like emotional pain and mental anguish isn’t straightforward, but the diem method offers a structured approach. This method assigns a specific dollar amount for each day a person suffers from emotional or psychological harm.


Here’s how it works:


  • A daily value is assigned based on the severity of the emotional state, mental health impact, and interference with daily life

  • That value is multiplied by the number of days the person has experienced emotional distress or is expected to in the future


For example, someone dealing with chronic anxiety, trauma, or post-traumatic stress for 200 days at $150 per day would seek $30,000 for emotional damages.


A lawyer familiar with Louisiana law can help determine whether the diem method or another method (like the multiplier method) is the best route to seek compensation for your emotional toll.


The Importance of Documenting Daily Life


Person writing in a lined notebook with "TO DO LIST" visible. They're on a white bed, using a pen. The setting is calm and focused.

Daily journaling isn’t just therapeutic—it’s one of the most underrated forms of evidence in a car accident claim. When you’re trying to prove emotional distress, your emotional state, habits, and even small disruptions to your routine matter.


What should be documented?


  • Emotional symptoms (e.g., panic attacks, nightmares, difficulty concentrating)

  • Physical effects (e.g., chronic pain, fatigue, effects of physical therapy)

  • Missed work or lost activities due to emotional injuries

  • Interactions with family members and how your emotional suffering affects them

  • Changes in your ability to enjoy life or perform daily tasks


This type of documentation helps paint a fuller picture of how post-traumatic stress or severe anxiety has significantly impacted your life. A personal injury lawyer can help you structure this evidence so it’s compelling and usable in court or settlement negotiations.


Emotional Injuries Matter Even When You Can’t See Them


Man in a blue suit adjusts his jacket, standing against a textured wall. He wears a watch and appears serious, with muted lighting.

Emotional distress after a car accident isn’t always visible, but it can quietly shape every part of a person’s life—from work and relationships to simple daily routines. Proving that kind of harm takes more than sympathy; it takes evidence, documentation, and a clear understanding of how the law values emotional pain. Burnham Law Firm helps clients put that evidence together and make their case heard. Give us a call for a FREE consultation.


Emotional injuries deserve to be taken just as seriously as physical ones—because they last just as long, and often cut deeper.

 
 
 

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