When people think of personal injury claims involving knee injuries or shoulder injuries, they often envision torn ligaments, fractured bones, surgeries, physical therapy, and permanent limitations. What’s less visible but just as real (sometimes more debilitating) is the psychological harm that can accompany traumatic physical injury. Among the psychological consequences, post-traumatic stress disorder (PTSD) is one that plaintiffs and their attorneys increasingly recognize, and, under the right facts and with appropriate evidence, can seek to recover as part of the damage package.
Why PTSD Claims May Arise Alongside Orthopedic Injuries
Traumatic accidents don’t just injure bones and soft tissues, they can leave psychological wounds. A serious crash or impact, especially one involving sudden, forceful trauma or danger to life, can trigger a PTSD response. Even though knee or shoulder damage may appear to be localized to one area of the body, the circumstances of the event often include aspects that meet the criteria for PTSD.
A recent study highlighted in Business Insurance underscores this interaction: using data from 65,000 episodes each of knee and shoulder physical therapy (between 2021 and 2024), researchers found that psychosocial risk factors such as fear-avoidance, negative coping, and mood disturbances are “widespread” among injured workers with knee or shoulder injuries.
The study found:
- Among shoulder injury patients, 46% reported high levels of negative coping strategies (e.g. catastrophizing, passivity), and 32% had high levels of fear avoidance (i.e. avoiding movement out of fear of pain or re-injury).
- Similar numbers appeared in the knee injury subset: around 42% had high negative coping, and 31% had high fear avoidance.
- Additionally, about 8% of both groups reported “bad moods,” indicating depressive or dysphoric symptoms.
These findings confirm what many clinicians and injury attorneys know from practice: psychiatric or psychosocial factors are common in orthopedic injury recovery and correlate with poorer functional outcomes.
Legal & Evidentiary Hurdles in Claiming PTSD
As appealing as the concept is, bringing a successful PTSD claim in a case primarily defined by a knee or shoulder injury is not straightforward. Here are some of the key hurdles you will face:
(a) Causation: Linking the Trauma to PTSD
As the plaintiff, you must show that the traumatic event (e.g. crash, slip and fall, etc.) was a proximate cause of the PTSD symptoms. If you had pre-existing psychiatric conditions (e.g. depression, anxiety, PTSD from another event), the insurance company will attack causation and argue exacerbation, rather than direct causation.
To counter that, you will need:
- Pre-accident mental health records (if available) to establish baseline
- Expert psychiatric or psychological testimony linking the event to onset or worsening of PTSD
- Symptom onset timeline, showing that the client developed PTSD symptoms soon after the injury
(b) Diagnosis & Credibility
PTSD is a diagnosis requiring meeting specific criteria (e.g. exposure to trauma, intrusion symptoms, avoidance, negative alterations in mood/cognition, hyperarousal), typically under DSM standards. The defense may fight the diagnosis as speculative or exaggerated.
(c) Overlap with Physical Injury
One of the more sophisticated defense strategies is to argue that the plaintiff’s pain, physical limitations, and treatment burdens already explain depression, distress, or sleep disturbance, and that there is no separate PTSD component. They may try to collapse your psychological claim into “pain and suffering generally.”
(d) Damages Quantification
Assuming you clear causation and diagnosis, you still must show that PTSD increases the overall damages in a provable way: more therapy, medication, mental health follow-up, potential loss of enjoyment of life, increased impairment in rehabilitation, and perhaps vocational impact.
Documenting & Presenting PTSD in a Personal Injury Claim
If you believe you are suffering from PTSD after a knee or shoulder injury, there are important steps you can take to protect yourself and strengthen your personal injury claim. Insurance companies will not simply take your word for it, you must have proof. Here’s what you need to do:
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Be Honest About Your Symptoms
When you first meet with your lawyer or your doctor, don’t downplay the emotional effects of your accident. If you are experiencing flashbacks, nightmares, panic attacks, or avoiding certain places or activities because of fear, speak up. The sooner these symptoms are documented, the stronger your claim will be.
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Seek Mental Health Treatment Early
Just like you wouldn’t ignore a broken bone, you shouldn’t ignore your mental health. Ask your doctor for a referral to a psychologist, psychiatrist, or licensed therapist. Getting a professional evaluation is critical. Consistent treatment will not only help you heal but will also create a record that proves your PTSD is real and related to your accident.
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Keep Track of How PTSD Affects Your Life
Write down your experiences in a journal or use your phone to keep notes. Describe your nightmares, your fears, how your sleep is disrupted, and how your relationships, work, or daily activities have been affected. This creates a personal record that shows the day-to-day impact PTSD has on your life.
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Follow Through With Therapy and Medical Care
Insurance companies often argue that people who miss therapy sessions or stop treatment “must not be that injured.” Stick with your treatment plan, attend all appointments, and follow your therapist’s advice. This shows you are doing everything possible to recover.
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Share Your Story With Your Attorney
Your personal injury lawyer needs to understand how PTSD has changed your life so they can present the full picture to the insurance company or a jury. Don’t be afraid to tell your attorney about your struggles with fear, mood changes, or the way trauma has affected your recovery from your physical injuries. The more your attorney knows, the better they can fight for you.
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Be Prepared for Expert Evaluations
Sometimes, your attorney will recommend that you see a specialist for a formal PTSD evaluation. These experts can explain your condition in terms the insurance company and a jury will understand. Cooperating with these evaluations helps strengthen your claim and ensures your mental health injuries are taken seriously.
Contact the 5-Star Rated Chicago Personal Injury Lawyers at John J. Malm & Associates
At John J. Malm & Associates, we know that the impact of a serious knee or shoulder injury goes far beyond the physical pain. The trauma of the accident, the daily struggle with recovery, and the hidden burden of PTSD can change every part of a person’s life. Our Chicago accident attorneys are committed to telling the full story of our clients’ injuries, both seen and unseen, and to holding insurance companies accountable when they try to minimize psychological harm. With decades of experience representing injured clients in Chicago and across Illinois, our firm has built a record of proven results in complex cases involving orthopedic and psychological injuries. If you or a loved one is suffering from PTSD after a knee or shoulder injury caused by someone else’s negligence, contact us today for a free consultation. We will fight to secure the justice, treatment, and compensation you deserve.