Can I Get a PTSD Payout After a Car Accident in Texas?

You Are Entitled to Compensation for PTSD After a Car Accident in Texas

If you’ve developed post-traumatic stress disorder (PTSD) because of a car accident in Houston, Austin, Beaumont, or anywhere else in Texas, you are entitled to compensation for your psychological injury. This is a fundamental legal right that many accident victims don’t fully understand. While most people know that insurance will cover their medical bills for physical injuries, they are often unaware that Texas law also allows for substantial compensation for mental and psychological harm. At Attorney911, we’ve spent over 25 years fighting for Texans who have suffered not just physically, but emotionally and mentally from traumatic crashes. Managing Attorney Ralph Manginello, admitted to practice in 1998 and before the U.S. District Court for the Southern District of Texas, has built a firm dedicated to securing justice for these invisible wounds. The money you receive for psychological injuries like PTSD is called mental anguish damages, and it is a critical component of a full and fair recovery after a life-altering accident. If you’re wondering if what you’re experiencing has a legal remedy, the answer is a resounding yes. Your suffering is real, it is valid, and it is compensable under Texas law. The first step is understanding your rights, and the most important step is protecting them by calling our legal emergency line at 1-888-ATTY-911.

What Is PTSD? The Medical and Legal Definition

PTSD, or post-traumatic stress disorder, is a psychiatric disorder recognized by the American Psychiatric Association and the medical community at large. Legally, it is a compensable injury. It affects individuals who have experienced, witnessed, or been exposed to a traumatic event. In the context of Texas car accidents, the traumatic event is the crash itself. The law does not distinguish between a broken bone and a fractured psyche when it comes to your right to seek compensation from the at-fault driver. Some common traumatic events that trigger PTSD, as noted in the transcript, include being involved in a severe accident, suffering catastrophic injuries, enduring long-term pain, or even witnessing a serious injury or death. The key legal principle is that the disorder must be a direct result of the negligence of another party—in this case, the careless driver who caused your crash.

People suffering from PTSD experience intense, disturbing thoughts and feelings about the trauma long after the event has passed. These are not simply “bad memories”; they are involuntary re-experiences that can manifest as nightmares, flashbacks, or intrusive thoughts that feel utterly inescapable. This can lead to a cascade of other symptoms: persistent fear, anger, sadness, depression, anxiety, loss of appetite, insomnia, and a profound sense of disconnection or detachment from friends and family. As Ralph Manginello explains from his decades of handling injury cases across Texas, one of the most challenging aspects of PTSD is that it may not show up immediately. For some victims, the adrenaline and focus on physical recovery in the immediate aftermath mask the psychological trauma. Symptoms can emerge weeks, months, or even years later. This delayed onset is a critical legal point. Insurance adjusters will often argue that if symptoms weren’t documented at the emergency room, they aren’t related to the accident. We know this tactic intimately because our firm includes a former insurance defense attorney, Lupe Peña, who spent years on the other side of these arguments. We are prepared to counter this with medical testimony establishing the causal link and the well-documented phenomenon of delayed PTSD.

Why Immediate Medical and Legal Documentation Is Non-Negotiable

Because PTSD symptoms can be delayed, it is imperative that you tell your doctor about any psychological distress as soon as it arises. From a legal standpoint, your medical records are the cornerstone of your claim. A gap in treatment or a delay in reporting symptoms gives the insurance company ammunition to devalue your suffering. At Attorney911, we guide our clients through this process meticulously. We ensure you are connected with appropriate mental health professionals who understand how to document PTSD for both treatment and legal purposes. This isn’t about “building a case”; it’s about getting you proper treatment and creating an accurate record of how this injury has impacted your life—a record that will be essential when we demand compensation from the insurance company. Don’t downplay your fear, anxiety, or nightmares. Report them. Your health and your legal rights depend on it. If you’ve started experiencing these symptoms, call us at 1-888-ATTY-911 so we can help you navigate the medical and legal landscape from the very beginning.

Can a Car Accident Cause PTSD? The Startling Statistics and Legal Reality

Absolutely. In fact, motor vehicle accidents are a leading cause of PTSD in the general population. The violent, sudden, and unexpected nature of a crash—the sound of crushing metal, the feeling of loss of control, the sight of injuries—creates a perfect storm for psychological trauma. This is true whether you were a driver, a passenger, a pedestrian, or even a witness. Texas courts have consistently recognized the validity of PTSD claims arising from auto accidents. The legal standard focuses on whether the accident was a “substantial factor” in bringing about the disorder. Given the known medical link, establishing this connection is a core part of our legal strategy at Attorney911.

We’ve seen the devastating impact firsthand. It’s not limited to high-speed collisions on Texas interstates like I-45 or I-10. A frightening T-bone accident at a Houston intersection, a rollover on a rural Beaumont highway, or a rear-end collision in Austin traffic can all be sufficiently traumatic. The severity of the physical injuries does not always correlate with the severity of the PTSD. Someone with relatively minor physical injuries can still suffer debilitating psychological trauma. This is why insurance companies, left to their own devices, will try to minimize these claims. They rely on outdated stereotypes and a fundamental misunderstanding of the injury. We don’t. Ralph Manginello and our team, leveraging Lupe Peña’s insider knowledge of how insurance companies value (and undervalue) these claims, fight to ensure the full human cost of the crash is accounted for. We’ve taken on billion-dollar corporations in the BP Texas City explosion litigation; we are not intimidated by an insurance adjuster trying to deny the reality of your PTSD.

Recognizing the Signs and Symptoms of PTSD After a Texas Car Accident

The type and severity of PTSD symptoms vary, but they generally fall into categories that we at Attorney911 have successfully used to secure compensation for our clients across Houston, Austin, and Beaumont. Understanding these categories is the first step toward recognizing that what you’re experiencing is a known medical condition with a legal path to recovery.

1. Intrusion: The Unwanted Reliving of the Trauma

This involves repetitive, intrusive thoughts about the crash. These are not voluntary memories. They force themselves into your consciousness. This includes:

• Involuntary, distressing memories of the accident that pop up during the day.
• Nightmares so vivid they disrupt sleep and cause a fear of going to bed.
• Flashbacks where you feel or act as if the crash is happening again. A common trigger for car accident victims is the sound of squealing brakes or being a passenger in a vehicle.

These symptoms can be so severe that they prevent you from returning to work, especially if your job involves driving, or from performing daily tasks like picking up your children from school in Houston.

2. Avoidance: The Exhausting Effort to Escape Reminders

This is a conscious or unconscious effort to avoid anything associated with the trauma. Avoidance can severely shrink your world and is a key indicator of PTSD. It includes:

• Avoiding driving, or specifically avoiding the intersection or road where the crash occurred.
• Avoiding talking about the accident or your feelings related to it.
• Avoiding cars, news reports about crashes, or even certain types of vehicles that resemble the one that hit you.
• Avoiding friends or family members who want to discuss what happened.

This avoidance behavior is often misinterpreted by insurance companies as “malingering” or an unwillingness to move on. We know it’s a symptom of the injury itself, and we use medical experts to explain this to juries in Texas courtrooms.

3. Negative Alterations in Mood, Thinking, and Memory

The trauma can fundamentally change how you think and feel. This category encompasses some of the most debilitating aspects of PTSD:

• Inability to recall important details of the accident (not due to a head injury, but due to psychological dissociation).
• Persistent and distorted negative beliefs about yourself, others, or the world (e.g., “The world is completely dangerous,” “I am a terrible driver,” “I can’t trust anyone”).
• Persistent negative emotional state (fear, horror, anger, guilt, or shame). For instance, guilt over surviving if others were hurt.
• Markedly diminished interest or participation in significant activities. The hobbies you loved in Texas—hunting, fishing, going to Astros games—now hold no joy.
• Feelings of detachment or estrangement from others. You may feel numb, even around your closest family in Houston.
• Inability to experience positive emotions (happiness, satisfaction, love).

4. Alterations in Arousal and Reactivity

These are changes in your physiological and emotional reactions. They are often the symptoms that family members notice first:

• Irritable behavior and angry outbursts with little or no provocation.
• Reckless or self-destructive behavior (e.g., suddenly driving recklessly or increased substance use).
• Hyper-vigilance—constantly being “on guard” for danger.
• Exaggerated startle response (jumping at a door slamming).
• Problems with concentration.
• Sleep disturbances (trouble falling or staying asleep).

When we build a claim for PTSD damages, we meticulously document how these symptoms manifest in your daily life. We don’t just list them; we tell the story of how they have stolen your peace of mind, your relationships, and your quality of life. This comprehensive approach is what leads to significant settlements, not just token offers.

PTSD in Children and Teenagers After a Texas Car Crash

While the transcript mentions that children and teens can suffer from PTSD, this area requires special attention from both a medical and legal perspective. A child’ suffering is just as real and compensable as an adult’s, but the symptoms can look different. For young children under six, symptoms may include regression: wetting the bed after being toilet-trained, forgetting how to speak or form words, or acting out the traumatic event during play. They may become abnormally clingy. For older children and teenagers, symptoms may mirror adults but can also include disruptive, disrespectful, or destructive behaviors, intense guilt, or engaging in reckless acts.

Legally, a parent can pursue a claim for a child’s PTSD as part of the family’s overall injury claim. The compensation sought would cover the child’s therapy, any impact on their education and development, and their own pain and suffering. At Attorney911, we handle these sensitive cases with extreme care. We work with child psychologists and therapists who are adept at diagnosing and treating childhood PTSD and can provide compelling testimony about the long-term effects of the trauma. The at-fault driver’s insurance company is responsible for the harm caused to every victim in the vehicle, regardless of age.

How to Get a PTSD Settlement: Understanding “Mental Anguish” Damages in Texas

This is the core of your legal right. As the transcript states, you can obtain compensation for past, present, and future mental anguish caused by the crash. In Texas personal injury law, “mental anguish” is a specific category of non-economic damages. It is distinct from reimbursement for medical bills (economic damages) and compensation for physical pain and suffering (another non-economic damage). You are entitled to recover for all three.

Here’s how it breaks down:

• Past and Future Medical Expenses: This includes every dollar spent on treating your PTSD—psychiatrist visits, therapy sessions, medication, hospitalization, and any other mental health treatment. It also includes the projected cost of future treatment, which often requires a life-care plan from a medical expert.
• Past and Future Mental Anguish: This is the monetary value assigned to the psychological and emotional distress you have endured and will endure. It compensates for the loss of enjoyment of life, the anxiety, the fear, the sleep disturbances, the relationship strains, and the overall diminished quality of life.

Valuing mental anguish is complex. Insurance companies use software like Colossus to generate lowball figures. This is where Lupe Peña’s experience as a former defense attorney is an unfair advantage for our clients. He knows how these programs work, what factors they consider, and, most importantly, how to build a case that breaks their formula. We don’t accept computer-generated valuations. We build a human story supported by evidence:

• Your Testimony: Your own account of your suffering is powerful evidence.
• Testimony from Family and Friends: Statements from loved ones about how you’ve changed.
• Medical Expert Testimony: Your treating psychiatrist or psychologist can diagnose PTSD and explain its impact.
• Day-in-the-Life Videos or Diaries: Documenting your struggles can be compelling.

We’ve used this approach to secure multi-million dollar results for clients with severe psychological injuries. For example, in a logging brain injury case that settled for multi-millions, the vision loss and cognitive changes caused profound psychological trauma that was a major component of the recovery. Every case is unique, but the principle is the same: your psychological pain has a value, and we have the experience to fight for it.

Why You Need Attorney911: The Difference Between a Settlement Mill and a Trial-Firm with Insider Knowledge

Many law firms in Houston will take your PTSD claim, settle it quickly for a fraction of its value, and move on. These are settlement mills. They maximize volume over value. At Attorney911, led by Ralph Manginello, we prepare every single case as if it is going to trial in a Texas district court. This mindset changes everything. Insurance companies know which firms are willing to go to court and which aren’t. When they see that your attorneys have federal court experience, have litigated against giants like BP, and have a former insurance defense attorney on staff, they take your claim seriously from day one.

Our advantage is structural:

1. Insider Knowledge of Insurance Tactics: Lupe Peña didn’t just work for insurance companies; he worked at a national defense firm. He knows the playbook. He knows how they use recorded statements, surveillance, and IME doctors to undermine PTSD claims. He knows which questions are traps in a deposition. We use this knowledge to protect you and to build an unshakeable case. As Lupe has said, “I’ve reviewed hundreds of surveillance videos… They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after.” We anticipate these moves and neutralize them.
2. Proven Multi-Million Dollar Results: Our track record speaks for itself. From the multi-million dollar settlement for the logging brain injury client to the significant recovery for the maritime worker with a back injury, we have a history of securing life-changing compensation. We are currently litigating a $10 million lawsuit against the University of Houston and a fraternity, demonstrating our willingness to take on powerful institutions.
3. Personalized, Tenacious Representation: Read our 251+ Google reviews with a 4.9-star rating. Clients like Jamin Marroquin say, “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined.” Clients like Donald Wilcox came to us after another firm rejected his case, and we secured a “handsome check.” We communicate. Our paralegal Leonor is mentioned over 80 times for her exceptional care and updates. You are not a file number; you are part of our Texas legal family.
4. Full-Service Investigation: PTSD claims require proving the accident caused the disorder. We conduct immediate, thorough investigations: securing crash reports, downloading black box data, interviewing witnesses, and working with accident reconstruction experts. Evidence disappears quickly in Texas; surveillance footage is often deleted after 30 days. We act with urgency to preserve it.

What to Do Right Now: Your Immediate Action Plan

If you recognize any of the symptoms of PTSD in yourself or a loved one after a car accident in Texas, time is of the essence. Here is your action plan:

1. Seek Medical Attention Immediately: Schedule an appointment with your primary care physician or a mental health professional. Be completely honest about your symptoms—the nightmares, the anxiety, the fear of driving. Start the paper trail of your diagnosis and treatment.
2. Document Everything: Keep a journal of your symptoms, how they affect your daily life, and your emotional state. Note missed workdays, canceled social plans, and interactions affected by your mood.
3. Do NOT Give a Recorded Statement to the Insurance Company: The at-fault driver’s insurer will call you. They are friendly. They will ask for your version of events “to speed things up.” This is a trap. Their goal is to get you on record minimizing your symptoms or saying something they can use to deny your PTSD claim. Politely decline and refer them to your attorney.
4. Preserve Evidence: Save all medical bills and records related to both physical and psychological treatment. Keep a record of any lost wages.
5. Call a Legal Emergency Lawyer: Contact Attorney911 at 1-888-ATTY-911. We offer a free, no-obligation consultation. We will listen to your story, explain your rights under Texas law, and outline a path forward. We handle cases on a contingency fee basis—meaning we advance all costs, and you pay us nothing unless we win your case. Our standard fee is 33.33% of the recovery before a lawsuit is filed, and 40% if we have to file suit and take the case to trial.

Don’t let the insurance company convince you that your psychological pain isn’t real or valuable. Don’t try to navigate the complex interplay of Texas negligence law, insurance bad faith, and medical diagnosis alone. Your recovery—both physical and financial—is too important. As Houston’s own Trae Tha Truth has acknowledged by recommending our firm, we are a trusted resource for the community. We serve clients across Texas from our offices in Houston, Austin, and Beaumont, and we are ready to fight for you. Hablamos Español—all consultations are available in Spanish with Lupe Peña or our bilingual staff.

You survived the crash. Now let us help you survive the aftermath. Call the legal emergency lawyers at Attorney911 today: 1-888-ATTY-911.

Frequently Asked Questions

How long do I have to file a PTSD claim after a car accident in Texas?

In Texas, the statute of limitations for personal injury claims, including those for PTSD, is two years from the date of the accident (Texas Civil Practice & Remedies Code § 16.003). However, waiting is dangerous. Evidence disappears, memories fade, and insurance companies use delay to their advantage. It is critical to begin building your case immediately by seeking medical treatment and consulting with an attorney at Attorney911. Call 1-888-ATTY-911 to protect your rights before the deadline.

What if the insurance company says my PTSD isn’t ‘real’ or wasn’t caused by the accident?

This is a standard insurance tactic to deny or devalue psychological injury claims. They will argue symptoms are pre-existing or unrelated. At Attorney911, we counter this with medical experts who can establish the causal link through diagnostic criteria and timing. Our firm’s advantage includes former insurance defense attorney Lupe Peña, who knows exactly how these arguments are constructed and how to dismantle them with evidence and authoritative testimony.

Do I have to go to court to get compensation for PTSD?

Most cases settle before trial. However, at Attorney911, we prepare every case as if it will go to trial. This trial-ready posture is what forces insurance companies to offer fair settlements. They know Ralph Manginello is admitted to federal court and has taken on massive corporations, and they know we are not afraid of a Texas courtroom. Our willingness to go the distance typically results in better settlement offers without ever setting foot in a courthouse.

How much is a PTSD claim worth after a car accident?

There is no standard calculator. The value depends on the severity and duration of your symptoms, the impact on your life and work, the cost of past and future treatment, and the skill of your legal team. Insurance companies use software that generates lowball figures. Attorney911 uses a human approach, building a compelling narrative of your suffering and leveraging our multi-million dollar case results to demand what your claim is truly worth. Call 1-888-ATTY-911 for a confidential evaluation of your specific case.

Can I get compensation for PTSD if my physical injuries were minor?

Yes. The law in Texas recognizes that psychological trauma can be severe even when physical injuries are not. The key is medical documentation linking the PTSD to the traumatic event of the accident. We have successfully secured compensation for clients whose primary injuries were psychological, by working closely with mental health professionals to document the very real and debilitating impact of the disorder on their daily lives.

What if I was partially at fault for the car accident? Can I still recover for PTSD?

Texas follows a “modified comparative fault” rule (Texas Civil Practice & Remedies Code § 33.001). If you are found 50% or less at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault. If you are found 51% or more at fault, you cannot recover. Determining fault is complex, and insurance companies will try to exaggerate your share. Having an experienced firm like Attorney911 to investigate the crash and defend your position is crucial. Call 1-888-ATTY-911 for a free case analysis.