Should You Start EMDR Therapy While You Have an Active Personal Injury Lawsuit?

By Miranda Arellano, Registered Psychotherapist, EMDR Certified Therapist & EMDRIA Approved Consultant

One of the most common questions I hear from clients involved in personal injury claims is:

"Should I wait until my court case is over before starting EMDR therapy?"

The answer isn't a simple yes or no.

It depends on your individual circumstances, your treatment goals, and the legal advice you receive.

As a therapist, my role is not to tell clients what is best for their lawsuit. My role is to provide accurate information about trauma treatment so they can make an informed decision alongside their lawyer.

What Does EMDR Do?

Eye Movement Desensitization and Reprocessing (EMDR) is an evidence-based psychotherapy for PTSD and other trauma-related difficulties. Research has consistently shown that EMDR can reduce symptoms such as intrusive memories, nightmares, hypervigilance, avoidance, and emotional distress.

One important misconception is that EMDR erases memories.

It doesn't.

The goal of EMDR is not to forget what happened.

Instead, the goal is to reduce the emotional intensity and distress associated with traumatic memories while allowing the memory to remain part of your life story.

Many people describe it as remembering the event without feeling as though they are reliving it.

Why Does Litigation Sometimes Complicate Things?

When someone has an active personal injury lawsuit, the legal system may examine the extent of their injuries, how those injuries affect daily life, and whether they continue to cause ongoing impairment.

If trauma treatment is successful, therapy records may show improvements such as:

• reduced or resolved PTSD symptoms

• improved daily functioning

• fewer panic attacks or nightmares

• decreased avoidance

• greater emotional regulation

Those improvements may become relevant information in a legal case. Exactly how they are considered depends on the laws in your jurisdiction, the nature of the claim, and the opinions of legal and medical experts involved in the case.

For this reason, many lawyers prefer to be involved in discussions about the timing of treatment.

Does Healing Mean You Won't Be Believed?

Not necessarily.

People sometimes worry that if EMDR reduces their emotional reaction to a traumatic event, they won't appear believable if they testify.

Current understanding of trauma suggests that emotional expression is not a reliable measure of whether someone experienced trauma. Trauma survivors may appear highly emotional, emotionally numb, calm, detached, or matter-of-fact when discussing traumatic experiences. All of these responses can be consistent with trauma.

Successful EMDR treatment may reduce the emotional distress associated with recalling an event, but it does not remove the factual memory of what occurred.

Should You Delay Treatment?

There is currently no evidence-based recommendation that people should routinely delay trauma therapy simply because they are involved in litigation.

In fact, clinical guidelines generally recommend timely, evidence-based treatment for PTSD because untreated trauma can become more persistent and continue to interfere with relationships, work, physical health, and overall quality of life.

However, every legal case is unique.

If you are involved in an active lawsuit, it is reasonable to discuss the timing of treatment with your lawyer so you understand any legal considerations that may apply to your specific circumstances.

My Approach With Clients

When I work with clients who have active legal claims, we have an open conversation about this topic before beginning trauma processing.

We discuss:

• the potential benefits of beginning treatment now

• the possible legal implications of documented symptom improvement

• the importance of making an informed decision

• the value of consulting their lawyer regarding their specific case

Ultimately, the decision belongs to the client.

Some people decide that improving their quality of life as soon as possible is their highest priority.

Others choose to wait until certain legal milestones have passed.

There is no universally correct answer.

My Personal Experience

Although every case is different, I also bring lived experience to this conversation.

I completed EMDR therapy while my own personal injury lawsuit was ongoing. Before beginning treatment, I understood there could be legal considerations if my PTSD symptoms improved.

For me, healing was worth that possibility.

My case ultimately recognized that I had experienced PTSD for many years before treatment. That was my personal experience however and not a guarantee of how another case will unfold, but it reinforced an important belief I hold today:

Healing and pursuing justice do not have to be mutually exclusive.

Final Thoughts

If you're asking whether you should begin EMDR during an active lawsuit, don't make the decision based solely on what you read online, or even on someone else's experience.

Have a conversation with both your therapist and your lawyer.

Ask questions.

Understand the potential benefits and the possible legal considerations.

Then make the decision that aligns with both your mental health and your legal advice.

Because while court cases eventually come to an end, your well-being deserves thoughtful consideration every step of the way.

Miranda Arellano, RP

EMDR Certified Therapist, EMDRIA Approved Consultant

This article is intended for educational purposes only and should not be interpreted as legal advice. Laws and legal procedures vary by jurisdiction. If you are involved in litigation, consult your lawyer regarding questions about your specific case. If you are considering EMDR or other trauma therapy, speak with a qualified mental health professional about your individual needs.