Emotional distress and PTSD claims in Phoenix: help first, then the rules

If you are struggling, dial 988 any hour, or call 1-844-534-HOPE. Help is available in English or your preferred language. On the legal side, Arizona usually wants distress shown through physical injury, though long-term mental disturbance can count as bodily harm. A distress claim against a private party generally has a 2-year limit.

Last checked November 9, 2026 · Official sources (32)

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Map of downtown Phoenix near W. Jefferson St., where Maricopa County offices and Superior Court filing counters sit
Dial 988 or 1-844-534-HOPE any hour for crisis help. Map data © OpenStreetMap contributors.

Where can I get emotional help in Phoenix right now?

  • Dial 988 any hour, every day of the year.
  • Or call Arizona's statewide line, 1-844-534-HOPE.
  • Specialists help in English or your preferred language.
  • If a crime caused the harm, Maricopa County's Crime Victim Compensation Program, (602) 506-4955, helps with medical, mental health, funeral and wage loss costs.
  • If someone died, the Medical Examiner's Family Advocate is at (602) 506-3176.

The victim program does not cover pain and suffering, and it does not cover collisions ruled an accident. Ask about it, but expect that it is not the whole answer.

What does PTSD look like after a Phoenix crash?

What you may noticeWhat to know
When it startsUsually within 3 months, sometimes later
FlashbacksReliving the event, with a racing heart or sweating
Avoiding carsSome people avoid driving or riding after a serious crash
How longSome recover within 6 months, others have symptoms for 1 year or longer
How it is diagnosedSymptoms must last longer than 1 month

You are not alone: PTSD affects about 6 in 100 people at some point in life. A hospital study of serious crashes found PTSD in 27.5 percent of patients six months later. A provider can assess it with a structured interview and questionnaire.

Can I get paid for emotional distress under Arizona law?

Often, yes, when you were also physically hurt. An Arizona jury is told to weigh pain, discomfort, suffering, disability, disfigurement and anxiety, past and future.

A claim with no physical injury is harder to win. In a negligence claim for emotional distress alone, the shock or mental anguish must show up as a physical injury. A long-term mental disturbance can be enough to count as bodily harm. That is why treatment records matter.

What if I saw someone I love get hurt in Phoenix?

You may still have a claim, but the rules are narrow. A bystander must have been in the zone of danger, at risk of bodily harm. The harm must also come from seeing an injury to someone with whom you have a close personal relationship.

Talk to a lawyer before you assume either way. The facts of where you stood and what you saw will matter a great deal.

How do I show emotional harm in a Phoenix claim?

  1. See a doctor or counselor and say plainly what you feel and when it began.
  2. Keep a short log: nightmares, panic, trouble driving, missed work.
  3. Save the bills. A jury can weigh past and likely future medical costs.
  4. Track lost earnings and any drop in earning power.
  5. Tell your lawyer if Medicare paid for any care, since Medicare recovers payments on liability claims.

Taxes differ. An emotional distress award is taxable when it does not come from a physical injury. Money for a physical injury is generally not taxable.

How long do I have to file an emotional distress claim in Phoenix?

A distress claim against a private party generally must be filed within 2 years. If a public body is involved, such as the City of Phoenix, give notice within 180 days. The suit against that body then has a one-year limit.

If you share blame, Arizona cuts your damages by your share and does not bar the claim.

Questions

Do I need a PTSD diagnosis to file?

No diagnosis is required to start a claim, but records from a provider make the harm easier to show. A PTSD diagnosis requires symptoms that last more than 1 month.

Is it normal to be afraid of driving after a crash?

Yes. After a serious crash, some people stay away from driving or riding in a car.

Will my case settle quickly?

Probably not. In one federal study, 27 months was the average for a jury trial. Many claims settle earlier, and settlement terms may not be public.

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Sources (32)

  1. Solari Crisis Response Network, Arizona crisis line, checked 2026-11-09. “Dial 988 24 hours a day, 7 days a week, 365 days a year”
  2. Solari Crisis Response Network, Arizona crisis line, checked 2026-11-09. “Arizona Statewide 1-844-534-HOPE”
  3. Solari Crisis Response Network, Arizona crisis line, checked 2026-11-09. “available around the clock and provide assistance in English or your preferred language”
  4. Keck v. Jackson, 122 Ariz. 114 (1979), checked 2026-11-09. “the shock or mental anguish of the plaintiff must be manifested as a physical injury”
  5. Monaco v. HealthPartners of Southern Arizona, 196 Ariz. 299 (App. 1999), checked 2026-11-09. “a physical injury, as well as a long-term physical illness or mental disturbance, constitutes sufficient bodily harm”
  6. A.R.S. § 12-542, checked 2026-11-08. “within two years after the cause of action accrues”
  7. National Institute of Mental Health, checked 2026-11-09. “It is natural to feel afraid during and after a traumatic situation.”
  8. National Institute of Mental Health, checked 2026-11-09. “Symptoms of PTSD usually begin within 3 months of the traumatic event, but they sometimes emerge later.”
  9. Keck v. Jackson, 122 Ariz. 114 (1979), checked 2026-11-09. “the plaintiff/bystander must himself have been in the zone of danger”
  10. Keck v. Jackson, 122 Ariz. 114 (1979), checked 2026-11-09. “must result from witnessing an injury to a person with whom the plaintiff has a close personal relationship”
  11. Maricopa County Attorney, Victim Related Information, checked 2026-11-09. “crime-related expenses such as medical, mental health, funeral, crime scene clean up, and wage loss”
  12. Maricopa County Attorney, Victim Related Information, checked 2026-11-09. “please contact the Victim Compensation Program at (602)506-4955”
  13. Maricopa County Office of the Medical Examiner, Information for Next of Kin, checked 2026-11-08. “Family Advocate: (602) 506-3176”
  14. Maricopa County Attorney, Victim Related Information, checked 2026-11-09. “does not cover property loss or damage, pain, and suffering, collisions ruled to be an accident”
  15. National Institute of Mental Health, checked 2026-11-09. “reliving the traumatic event, including physical symptoms, such as a racing heart or sweating”
  16. National Institute of Mental Health, checked 2026-11-09. “some people may avoid driving or riding in a car after a serious car accident”
  17. National Institute of Mental Health, checked 2026-11-09. “Although some people recover within 6 months, others have symptoms that last for 1 year or longer.”
  18. National Institute of Mental Health, checked 2026-11-09. “a person must have symptoms for longer than 1 month”
  19. VA National Center for PTSD, checked 2026-11-09. “About 6 out of every 100 people (or 6% of the U.S. population) will have PTSD at some point in their lives.”
  20. PubMed Central (NIH), checked 2026-11-09. “PTSD developed in 27.5 % (n=101) and 24.3 % (n=77) of the population at 6 and 12 months respectively”
  21. VA National Center for PTSD, checked 2026-11-09. “Providers may use a structured or semi-structured interview”
  22. Revised Arizona Jury Instructions (Civil), Personal Injury Damages 1, checked 2026-11-09. “The pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced, and reasonably probable to be experienced in the future.”
  23. Revised Arizona Jury Instructions (Civil), Personal Injury Damages 1, checked 2026-11-09. “Reasonable expenses for necessary medical care, treatment, and services already incurred and reasonably probable to be incurred in the future.”
  24. Revised Arizona Jury Instructions (Civil), Personal Injury Damages 1, checked 2026-11-09. “Lost earnings to date, and any decrease in earning power or capacity in the future.”
  25. Centers for Medicare & Medicaid Services, checked 2026-11-09. “claims where the beneficiary must repay Medicare”
  26. IRS Publication 4345, checked 2026-11-09. “do not originate from a personal physical injury or physical sickness, you must include them in your income”
  27. IRS Publication 4345, checked 2026-11-09. “did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable”
  28. Arizona Revised Statutes 12-821.01, checked 2026-11-08. “within one hundred eighty days after the cause of action accrues”
  29. A.R.S. § 12-821, checked 2026-11-09. “All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.”
  30. A.R.S. § 12-2505, checked 2026-11-09. “the full damages shall be reduced in proportion to the relative degree of the claimant's fault”
  31. U.S. Bureau of Justice Statistics, Civil Bench and Jury Trials in State Courts, 2005, checked 2026-11-09. “the processing of a case required an additional half year for a jury trial (27 months), compared to a bench trial (21 months)”
  32. U.S. Bureau of Justice Statistics, Civil Bench and Jury Trials in State Courts, 2005, checked 2026-11-09. “The terms of settlement agreements and other key information for civil cases resolved prior to trial may not be reported to the court or may not be publicly available.”

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