Can Ptsd Treatment Increase Settlement Value

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The question of whether PTSD treatment will increase the value of a personal injury settlement is a common one, and the answer is almost always yes, but it’s significantly more complex than simply paying for therapy sessions. Insurance companies are trained to devalue “soft tissue” injuries and emotional distress. They’re far more comfortable dealing with broken bones and quantifiable medical expenses. Successfully demonstrating the link between the accident and the PTSD, and subsequently proving the necessary ongoing treatment, is what translates into a substantial increase in the settlement amount.

The biggest hurdle is often establishing the causal connection. Insurance adjusters will immediately question whether the PTSD pre-existed the accident, or if it’s the result of unrelated life stressors. This is why comprehensive documentation, from the initial emergency room visit to a thorough psychological evaluation by a qualified expert, is absolutely critical. A strong diagnosis, coupled with a clear treatment plan, dramatically strengthens your position.

For over 13 years, I’ve practiced personal injury law in San Diego, and one of the most valuable lessons I learned working alongside former defense attorneys is how they evaluate claims. They are looking for weaknesses, loopholes, and ways to minimize payouts. Understanding their tactics, and proactively addressing those concerns, is what allows me to maximize recovery for my clients. I routinely see claims with similar injury profiles settle for vastly different amounts depending on the quality of the evidence supporting the psychological impact.

Can I Include Past Trauma in My PTSD Claim?

While an adjuster will absolutely attempt to pinpoint pre-existing conditions, it doesn’t automatically disqualify your claim. California law allows you to recover for the aggravation of a pre-existing condition. For example, if you had mild anxiety before the accident, but the trauma significantly worsened it to the point of a PTSD diagnosis requiring ongoing treatment, you can seek compensation for the exacerbation of your symptoms. The key is to provide strong medical evidence illustrating the ‘before and after’ state of your mental health.

This often involves obtaining medical records from prior therapists or psychiatrists. A forensic psychologist can then provide an expert opinion outlining how the accident directly contributed to the worsening of your condition. Be prepared for the insurance company to request authorizations to access these records – it’s a standard part of their investigation.

What Types of PTSD Treatment Are Most Convincing to Insurers?

Simply attending a few therapy sessions won’t necessarily be enough to significantly increase your settlement value. Insurance companies want to see a consistent, comprehensive treatment plan. Evidence-based therapies like Cognitive Behavioral Therapy (CBT) and Eye Movement Desensitization and Reprocessing (EMDR) are particularly persuasive because they have a proven track record of success in treating PTSD. Medication management, overseen by a qualified psychiatrist, is also important. A detailed treatment plan, outlining the frequency and duration of therapy, along with a psychiatrist’s progress reports, demonstrates a serious commitment to recovery.

Furthermore, documentation of how PTSD impacts your daily life is vital. This includes loss of sleep, difficulty concentrating, social isolation, and the inability to work. A detailed journal documenting these challenges, along with testimony from family and friends, can provide powerful support for your claim.