Kansas Injuries

FAQ Glossary
EN ES

Can I get compensation in Kansas for PTSD or anxiety after a crash if I didn't have major physical injuries?

Answered by Darrell Schoenfeld

Yes. In Kansas, PTSD, anxiety, depression, panic attacks, and sleep problems can be part of an injury claim even if your most obvious harm is emotional or psychological.

The key is proof.

Kansas generally gives you 2 years to file a personal injury lawsuit under K.S.A. 60-513. If the claim is against a city, county, or other government entity, you usually must give written notice first under the Kansas Tort Claims Act, which can change the timeline.

To recover for psychological harm, insurers and juries usually want to see a clear link between the event and your symptoms. That often means:

  • Prompt medical or mental health treatment
  • A diagnosis such as PTSD, acute stress disorder, anxiety disorder, or depression
  • Records from a therapist, psychologist, psychiatrist, primary care doctor, or counselor
  • Proof of how your daily life changed: missed work, avoiding driving, nightmares, medication, strained relationships

Kansas allows recovery for both economic damages and non-economic damages. Economic damages can include therapy bills, psychiatric treatment, medication costs, and lost wages. Non-economic damages can cover the human impact: mental anguish, emotional suffering, loss of enjoyment of life, and pain and suffering.

A jury will usually look harder at a psychological-only claim than at a broken bone shown on an X-ray. That does not mean the claim fails. It means consistency matters. If your records show ongoing treatment, documented symptoms, and real changes after the crash, the claim is much stronger.

Kansas also uses modified comparative fault. If you are found 50% or more at fault, you recover nothing. If you are under 50% at fault, your compensation is reduced by your percentage of fault.

We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.

Get help today →
← All FAQs Home
Get the help you deserve ×