Can I recover compensation for ongoing therapy and related PTSD symptoms as part of my injury case?

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Can I recover compensation for ongoing therapy and related PTSD symptoms as part of my injury case? - North Carolina

Short Answer

Yes. In North Carolina, an injury claim can include compensation for mental health treatment (like therapy) and for the impact PTSD symptoms have on your life, as long as you can connect the condition and the need for treatment to the incident and support it with medical evidence. You can also seek future treatment costs if your provider indicates additional care is reasonably likely to be needed. The strength of this part of the claim usually depends on documentation, consistency of treatment, and clear provider opinions about diagnosis, causation, and prognosis.

Understanding the Problem

In North Carolina, can an injured person include ongoing PTSD therapy and continuing PTSD symptoms in a personal injury claim when they are still treating and have an upcoming appointment where the provider may reevaluate whether more treatment is needed?

Apply the Law

North Carolina personal injury damages generally aim to compensate an injured person for losses caused by the incident. That can include (1) economic losses like medical expenses (including counseling/therapy) and (2) noneconomic losses like pain, suffering, and emotional distress. For PTSD-related damages, the key legal issue is proof: you must show the PTSD symptoms and the therapy are tied to the incident (causation) and that the treatment is reasonably necessary. Future therapy can be claimed when the evidence supports that additional treatment is reasonably likely, not just possible.

Key Requirements

  • Diagnosis and documentation: Your records should reflect PTSD (or trauma-related) symptoms, the working diagnosis, and the treatment plan (therapy type, frequency, goals, and progress).
  • Causation (connection to the incident): The evidence should link the PTSD symptoms to the event at issue, not to unrelated stressors or preexisting conditions (or, if there was a preexisting condition, show how the incident worsened it).
  • Reasonably necessary treatment: You typically need provider support that therapy is appropriate for the symptoms and that the sessions are not just optional or unrelated to the injury.
  • Past medical expenses: You must be able to prove what was paid or what is required to be paid to satisfy the therapy/medical charges, using records that match the testimony.
  • Future medical expenses: To recover for future therapy, you generally need evidence that additional treatment is reasonably likely and an estimate of what that treatment will involve.
  • Noneconomic impact: You should be prepared to explain how PTSD symptoms affect daily life (sleep, concentration, driving, work performance, relationships), supported where possible by treatment notes and consistent reporting.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because you are still receiving PTSD treatment and your provider is planning to reevaluate whether additional treatment is needed, your claim can include (1) the therapy you have already received and (2) the ongoing symptoms you continue to experience. The “future therapy” portion is usually strongest when the provider documents that continued treatment is reasonably likely and explains why (for example, persistent symptoms or a structured treatment plan). Your records and provider opinions will matter most for connecting the PTSD and therapy to the incident and showing the treatment is reasonably necessary.

Process & Timing

  1. Who files: The injured person (plaintiff), usually through an attorney. Where: North Carolina state court in the county with proper venue (often where the incident happened or where a defendant resides). What: A civil complaint alleging negligence (or another applicable claim) and requesting damages that include medical expenses and noneconomic losses. When: Deadlines depend on the type of case; do not wait to confirm the limitation period for your specific claim.
  2. Build the proof: Gather therapy and medical records, billing statements, and documentation showing amounts paid or required to be paid; identify providers who can address diagnosis, causation, and whether future care is reasonably likely.
  3. Resolution: The claim may resolve by settlement or trial; damages evidence typically includes medical bills/records and testimony (sometimes including provider testimony) about the need for treatment and the impact of PTSD symptoms.

Exceptions & Pitfalls

  • Gaps in treatment: Long breaks in therapy or inconsistent reporting can make an insurer argue the symptoms resolved or are not related.
  • “Possible” vs. “reasonably likely” future care: If the provider only says more therapy might help, that can be weaker than a documented plan or opinion that continued treatment is reasonably likely.
  • Causation disputes: Defendants often argue PTSD symptoms stem from other life events, prior trauma, or unrelated stress; clear history and provider documentation help address this.
  • Billing proof problems: You need records that match the amounts paid or required to be paid; incomplete statements can slow negotiations and weaken proof at trial.
  • Liens and reimbursement claims: Medical providers (and sometimes payors) may assert rights against a recovery; address lien notices early so they do not derail settlement at the end.

Conclusion

Yes—North Carolina injury claims can include compensation for ongoing PTSD therapy, related medical expenses, and the day-to-day impact of PTSD symptoms, as long as the evidence ties the condition and the treatment to the incident and shows the care is reasonably necessary. Future therapy is typically recoverable when your provider supports that additional treatment is reasonably likely. Next step: ask your provider at the upcoming appointment to document diagnosis, causation, and whether continued treatment is recommended, and gather your billing records promptly.

Talk to a Personal Injury Attorney

If you're dealing with ongoing PTSD symptoms and continued therapy after an injury, an attorney can help you organize the medical proof, document future treatment needs, and present these damages clearly in a claim or lawsuit. Reach out today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

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