Making a post-traumatic stress claim

Post-traumatic stress disorder (PTSD) after a serious road accident is a recognised psychiatric condition. Once a specialist confirms it, it is treated as a genuine injury in a road accident claim. This page sets out how PTSD is diagnosed and how it fits into a claim.

What post-traumatic stress involves

PTSD typically involves intrusive memories or flashbacks of the crash. It also involves avoiding reminders of it, such as driving or a particular road. Heightened alertness and disturbed sleep are common too.

It usually follows a frightening or life-threatening accident. The severity of the crash does not always match the severity of the reaction.

How it affects daily life and work

Avoiding driving, public transport or even leaving the house can restrict work and independence. This can go well beyond what the physical injuries explain. Concentration and sleep problems often follow, which slows a return to normal routine.

The evidence and specialist report you need

A psychiatrist’s assessment against recognised diagnostic criteria is the core of the evidence. A record of therapy and any medication forms part of the medical report for your claim. Specific, dated examples, such as the first time you tried and failed to drive again, are more useful than a general description.

How it factors into your claim

Pain, suffering and loss of amenities are assessed against the Revised Compendium of Personal Injury Awards and your medical evidence, under section 28A of the Civil Law Act 1956^[1], on the same basis as a physical injury. A PTSD claim is heard through the same courts as any other motor accident claim. This includes the Sessions Court, which has unlimited jurisdiction regardless of the claim’s value^[3]. How compensation is worked out covers the wider heads of loss involved.

Recovery and prognosis, realistically

Trauma-focused therapy helps many people recover, particularly when started early. Some symptoms can last longer, especially around driving. A specialist’s updated view of your progress matters more to the claim than an assumption that time will resolve it.

What to do next

Ask for a referral for a psychiatric assessment as soon as you can. Keep track of the situations that trigger symptoms, since these examples help the specialist and the claim. The general deadline to bring a personal injury claim is six years from the accident in Peninsular Malaysia.^[2] That leaves room to focus on treatment first.

If low mood or general anxiety is present alongside PTSD symptoms, psychological injury covers that broader picture.

An independent lawyer can take the claim on and handle the insurer and the medical evidence, so you can focus on recovery. Send the accident date, where it happened, whether anyone was injured (yes/no) and the police report status.