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Call For A Free Consultation - (312) 210-7229
  • By: Sharks At Law
Injured man with head bandage for PTSD personal injury claim in Illinois.

In this article, you will discover:

  • Whether PTSD or emotional trauma are valid personal injury claims in Illinois
  • Whether you need a medical diagnosis for a PTSD or emotional trauma claim
  • The kind of evidence needed to strengthen a PTSD or emotional trauma claim

Is PTSD Or Emotional Trauma A Valid Reason To File A Personal Injury Claim In Illinois?

Post-Traumatic Stress Disorder (PTSD) or emotional trauma are valid reasons to file a personal injury claim, but they are usually additional claims accompanying an injury claim. Specifically, you would claim you suffered PTSD or emotional trauma as a result of that injury.

Potential scenarios for PTSD or emotional trauma could be a serious car crash, an attack that was the result of negligent security at a shopping mall or a plane crash.

PTSD is a distinct type of emotional trauma with specific symptoms listed in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), which is the manual for diagnosing these types of disorders.

PTSD has specific indications, such as constantly reliving or dreaming about the traumatic event. Those symptoms might cause you to think that you have PTSD, but you can have emotional trauma without having PTSD. Still, that type of injury would rise to a valid claim.

Can You File A PTSD Or Emotional Trauma Claim Without Physical Injuries After A Serious Accident In Cook County?

You can file a PTSD or emotional trauma claim without physical injuries. That’s not commonplace, but it’s technically available to you.

Do You Need A Medical Diagnosis To Prove PTSD Or Emotional Trauma In Illinois?

You probably wouldn’t need a medical diagnosis to prove emotional trauma, but you would need one to prove PTSD because it’s a specific claim. You probably couldn’t get a claim for PTSD in front of a jury without an expert, and you would only file a claim for PTSD if you had an expert available to talk about it.

Typically, a doctor’s records and testimony should support any PTSD claim or any claim for injury in Illinois to ensure the basis for the claim is substantial. It’s crucial that a medical professional evaluates the client and supports their claim. Otherwise, all you have is the claimant’s word that they’ve suffered these injuries.

There’s no physical way to show PTSD or emotional trauma to a jury. Therefore, If you want to pursue a claim for PTSD, emotional trauma or emotional injury, you should see a physician and seek treatment to back that claim up.

Evidence Required To Strengthen A PTSD Or Emotional Trauma Injury Claim In Illinois

If you are a person experiencing PTSD or emotional trauma, seeing a doctor or therapist will help your claim. The process of going to a doctor or therapist for these injuries is inconvenient and takes up time from your schedule, but it’s strong evidence that you are suffering. Someone who’s not suffering would not take the time out of their day to see a therapist.

Having that evidence is going to be helpful. Also, if you have a family member or close friend who can testify as to what they’ve observed about your emotional state, that’s helpful.

Types Of Compensation You Can Recover For PTSD Or Emotional Trauma In Illinois

You can recover compensation for both these types of injuries. How much compensation you recover would be determined by a jury.

Notes From The Field: How Courts Typically Respond To Claims Of Emotional Trauma

The courts recognize and understand that these are real traumas stemming from specific injuries. Juries respond well to these claims if backed up by solid evidence from medical records and the testimony of a medical professional, a friend, a family member and the plaintiff.

Case Study: Adjusting Your Approach When Facing A Skeptical Courtroom

If your case has compelling evidence, it can always overcome a skeptical courtroom. Every courtroom and jury is skeptical to some degree. As a lawyer, you want to ensure you don’t have to do much convincing. The evidence and the testimony of the witnesses should speak for themselves. If they do, the courtroom will overcome its skepticism.

Still Have Questions? Ready To Get Started?

For more information on PTSD and emotional trauma lawsuits in Illinois, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 210-7229 today.

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