PTSD Claims After Georgia Car Accidents

Post-traumatic stress disorder can follow a car accident. In Georgia, though, a negligence claim reaches emotional distress, with narrow exceptions, only through a physical injury: the Supreme Court of Georgia’s impact rule requires a physical impact that causes a physical injury, which in turn causes the mental suffering.

What PTSD Looks Like After a Crash

MedlinePlus describes post-traumatic stress disorder as “a mental health disorder that some people develop after they experience or see a traumatic event,” and lists a car accident among the life-threatening events that can cause it. The National Institute of Mental Health (NIMH) states that “most will recover from their symptoms over time,” and that “[t]hose who continue to experience symptoms may be diagnosed with post-traumatic stress disorder (PTSD).”

The diagnosis has a threshold. “To meet the criteria for PTSD, a person must have symptoms for longer than 1 month, and the symptoms must be severe enough to interfere with aspects of daily life, such as relationships or work. The symptoms also must be unrelated to medication, substance use, or other illness.” An adult must have, for at least a month, at least one re-experiencing symptom, at least one avoidance symptom, at least two arousal and reactivity symptoms, and at least two cognition and mood symptoms. Avoidance can reach the road itself: “some people may avoid driving or riding in a car after a serious car accident.” A mental health professional, such as a psychiatrist, psychologist, or clinical social worker, determines whether the symptoms meet the criteria.

NIMH reports that “[a]bout 6 of every 100 people will experience PTSD at some point in their lifetime, according to the National Center for PTSD,” and that “[p]eople with PTSD often have co-occurring conditions, such as depression, substance use, or one or more anxiety disorders.”

Georgia’s Impact Rule

In Lee v. State Farm Mutual Insurance Co., 272 Ga. 583 (2000), the Supreme Court of Georgia quoted the rule from Ryckeley v. Callaway, 261 Ga. 828 (1992): “In a claim concerning negligent conduct, a recovery for emotional distress is allowed only where there is some impact on the plaintiff, and that impact must be a physical injury.” The court then wrote: “Thus, the current Georgia impact rule has three elements: (1) a physical impact to the plaintiff; (2) the physical impact causes physical injury to the plaintiff; and (3) the physical injury to the plaintiff causes the plaintiff’s mental suffering or emotional distress.” It added that “the failure to meet any one of these requirements has proved fatal to recovery,” and it declined “to adopt any rule which might, in effect, create a separate tort allowing recovery of damages for the negligent infliction of emotional distress.”

The Supreme Court returned to the rule in 2017. In Coon v. The Medical Center, Inc., 797 S.E.2d 828 (Ga. 2017), the Supreme Court described Lee as the decision in which “we reaffirmed that Georgia follows the physical impact rule for claims of negligent infliction of emotional distress.”

The Parent Who Sees a Child Die, and Wilful Conduct

Lee recognized an extension on its facts: “When, as here, a parent and child sustain a direct physical impact and physical injuries through the negligence of another, and the child dies as the result of such negligence, the parent may attempt to recover for serious emotional distress from witnessing the child’s suffering and death without regard to whether the emotional trauma arises out of the physical injury to the parent.” A footnote to the opinion, citing Ryckeley, states that “there is not the necessity of an impact when the alleged conduct directed toward the plaintiff is malicious, wilful or wanton.”

Frequently Asked Questions

Can PTSD symptoms start months after the crash?
Yes. NIMH states that symptoms “usually begin within 3 months of the traumatic event, but they sometimes emerge later,” and MedlinePlus states that they “may not appear until months or years later.”

How long does PTSD last?
It varies. “Although some people recover within 6 months, others have symptoms that last for 1 year or longer.”

What does treatment involve?
“The main treatments are psychotherapy, medications, or a combination of psychotherapy and medications.” NIMH states that psychotherapy “usually lasts 6 to 12 weeks but can last longer,” and that the U.S. Food and Drug Administration has approved two selective serotonin reuptake inhibitors for treating PTSD.

Where can someone in crisis get help?
NIMH directs anyone who is struggling or having thoughts of suicide to call or text the 988 Suicide and Crisis Lifeline at 988, and to call 911 in a life-threatening situation.

Sources and Legal Authorities

• National Institute of Mental Health, “Post-Traumatic Stress Disorder,” NIH Publication No. 23-MH-8124 (revised 2023)
• MedlinePlus (National Library of Medicine), “Post-Traumatic Stress Disorder” (last updated Oct. 17, 2023)
• Lee v. State Farm Mutual Insurance Co., 272 Ga. 583 (2000), quoting Ryckeley v. Callaway, 261 Ga. 828 (1992)
• Coon v. The Medical Center, Inc., 797 S.E.2d 828 (Ga. 2017)

Disclaimer

This article provides general information about post-traumatic stress disorder and about Georgia’s rule on emotional distress caused by negligence. It is not legal or medical advice and does not create an attorney-client relationship. The medical descriptions come from general health publications and do not describe any individual condition or recovery. Anyone with symptoms after a crash should seek medical care and consult a licensed Georgia attorney promptly about the particular situation.