Post-Traumatic Stress Disorder ("PTSD") as a Component of Damages in Tort Cases: Legitimate Claim or Invitation to Malingering?

Post-Traumatic Stress Disorder has roots going back at least as far as World War One, where it was referred to as "shell shock."  Later, it was "combat fatigue." However, public awareness of PTSD has grown dramatically over the years, and it features increasingly more prominently in litigation.  

PTSD is often attributed to experiences and injuries outside of the realm of the combat soldier, including cases of far less dramatic threats and injuries.  PTSD is an increasingly an element in damages sought in cases well below the threshold of the "life-threatening event" with which it was originally associated.

In addition to touching upon the law applicable to proving PTSD in civil litigation, this panel will examine the practicalities of proving and defending against a claim for PTSD. 

Learning Objectives:

1. Breakdown the basic legal requirements to prove Post-Traumatic Stress Disorder, and how they may vary from one jurisdiction to a next

2. Analyze the basic psychological and neurological underpinnings of PTSD

3. Examine the expertise needed in a PTSD case, and the evaluative tools available

4. Identify the critical inquiries when interviewing a potential client or cross-examining a plaintiff [or plaintiff's expert] regarding a PTSD claim