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What You Need To Prove In Order To Win Your Defense Base Act PTSD Case


What You Need To Prove In Order To Win Your Defense Base Act PTSD Case

Defense Base Act Lawyer Bill Turley on  Strength vs. Weakness
"Here is the 'truth' with your Defense Base Act case.  If you want to get what you are entitled to under the DBA - you have to be ready and able to take your case to court. You have to be prepared to win. Hoping for a good settlement is a fool's errand.  You want to and need to negotiate from a position of strength. You don't do that unless you are prepared to win in court."  


Why should I hire a DBA lawyer? 

This is a really good question.

First of all, a good DBA lawyer knows the law and the procedure (the rules). This case is probably your first rodeo, so to speak. Even if it’s your second rodeo, you don’t want someone that is getting on the job training. You’re hiring someone that can see the field, so to speak. (Sorry, to mix metaphors here). 

Second, a good DBA lawyer doesn’t have the same emotional attachment to your case that you have. Folks almost always evaluate their cases based upon emotion, rather than logic and clear thinking. 

I strongly suggest that you check out this article on the Top 10 Defense Base Act questions. (Question No. 2, on the list, and be sure to check Out Questions No. 4 and 6, which are also about hiring a DBA lawyer).  

My best advice

My best advice to you is for you to always tell the truth. Always. When bringing a court case, nothing is more important than your credibility. Nothing else is even close. The DBA insurance company lawyer is going to try to destroy your credibility. Depend on that. It's as true as the sun rising in the East and setting in the West. 

If they are successful in making you look like you're lying, the Judge will rule against you and you will lose. Bank on it. I know I do. More on this in a minute.

The problem is that in many instances folks get caught in traps left for them by the DBA insurance company. In other words, they don’t know that they are messing up their case. Happens all the time. Well-meaning, honest folks get caught in one of the DBA insurance company traps.


My second best advice

I strongly suggest that you read my free book - Win Your Defense Base Act CaseThis book is the best investment you are going to make.

Win Your Defense Base Act Post Traumatic Stress Disorder (PTSD) Case - Bill Turley DBA lawyer

You can order it free here on this website or you can pay for it by ordering it from Amazon.com. 

amazon.com 5 Star reviews - Win Your DBA Case

You don’t have to believe what I say about it - the book has dozens of 5 Star reviews on Amazon.com from folks like yourself who wanted to research their case.


Here are some of the 5 Star reviews of the book Win Your Defense Base Act Case on amazon.com:

Nathan Isbell
5.0 out of 5 stars
Must read book for contractors.
August 2, 2018
I found this firm and their book months after my case had begun and I had another attorney. Right away this book answered questions I had been asking for months. Plain English so even non lawyers can understand the process. The firm goes out of their way to help you understand what’s going on at all times. Staff is super professional and competent always. It’s a very complicated and long process but it’s a lot easier after reading this book and hiring this firm.
5.0 out of 5 stars
This Book was a great read from beginning to end
April 22, 2018
This book reads in ‘plain language’ and very informative and up to date. Reading it will keep you from calling or emailing your attorney every month! Great reference to go back to read for ea milestone in your case from choosing an attorney to how long it should be to close your case. I would DEFINITELY RECOMMEND this book or one of their attorney’s listed on their webpage, one hundred times over. I give it ⭐️⭐️⭐️⭐️⭐️⭐️‘s
5.0 out of 5 stars
This book is awesome, he tells you about the whole process
December 11, 2015
This book is awesome, he tells you about the whole process. Defense based cases are totally different then local Worker's Comp cases. I was lost until I read this book. It's is something you should read before you get hurt. Once I started reading it I couldn't put it down.


Need help right now?

You can call us at  619-304-1000 or you can fill out the contact form on this webpage. 

In this article, I answer these questions and address the following issues regarding PTSD claims under the Defense Base Act:

Post Traumatic Stress Disorder

Defense Base Act Law & PTSD: What You Need To Prove In Order To Win Your Defense Base Act PTSD Case

What kind of evidence is helpful for my PTSD case? 

What should I do?

It’s a Wage Loss Concept

PTSD and the Defense Base Act Judges

Can I bring a PTSD case if I haven't been overseas in years?


Post Traumatic Stress Disorder

PTSD, or Post Traumatic Stress Disorder, is a psychiatric disorder that can occur following the experience or witnessing of life-threatening events such as being under enemy fire, driving in enemy territory with IED threats, the threat of suicide bombers, rocket attacks, mortars, gunfire, casualties and the like.

You have stress reactions that do not go away on their own, or may even get worse over time. You may develop PTSD. You may relive the experience through nightmares and flashbacks, have difficulty sleeping, and feel detached or estranged. These symptoms can be severe enough, and last long enough to significantly impair your daily life.


Defense Base Act Law & PTSD: What You Need To Prove In Order To Win Your Defense Base Act PTSD Case

What do I need to prove in order to win my Defense Base Act court case? 

You will recover future compensation when show your PTSD is related to your deployment overseas and that you cannot or should not return to working overseas due to PTSD. 

You will need to show that as a DBA employee you were exposed to events that could cause PTSD. Such as: Being under enemy fire, driving in enemy territory, being outside the wire, the threat of suicide bombers, rocket attacks, mortars, gun fire, casualties, death of friends, or any number of traumatic events or circumstances. 

Your doctor recommending or saying you can’t go back to your DBA employment due to your PTSD will help win your case. The key here is to have your doctor write a well reasoned medical report that is supported by your being exposed to bad stuff while in theater (or it's usually in theater), and relating that to your current symptoms.

What kind of evidence is helpful for my PTSD case? 

First, evidence of stressors (events that could cause PTSD - see above); is always helpful. This can be news articles, emails, photos, co-workers that will corroborate what you were exposed to, diaries, incident reports, etc. 

Second, medical evidence. Doctors that diagnose your PTSD and link it to your being overseas. It is always best to get narrative reports that are not stated in conclusions. The medical reports should lay out the DSM-V factors and explain your symptoms in relation to the DSM-V factors. 

What should I do?

First, you need to get medical treatment so you start to get better. If you don't know what to do, start first with this, then hire the best, honest DBA lawyer that will agree to take your case. Discuss getting medical treatment with your lawyer. 

Second, it is important that you discuss your PTSD symptoms with your doctors. They should be documented in your medical records. 

Third, you need to get a claim filed. I suggest that you read my book - Win Your Defense Base Act Case BEFORE you hire a lawyer. You should consult with a lawyer before you file your claim. Your lawyer can and should file for you. 

Fourth, you need to start getting the evidence needed in order to win your DBA case. That is what your lawyer can help with.  


It’s a Wage Loss Concept

The DBA is based upon a wage loss concept. You will only get future compensation if you can show that you are unable to return to your DBA work due to your injuries. Your future compensation will be the difference between what you were earning as a DBA worker and what you are able to earn now, in light of your injuries, disability, education, training and what jobs are available to you in your geographic location. This is up to the maximum compensation rate. 

The Judge will look at your "usual work" as an overseas civilian contractor. It doesn't matter if your PTSD manifests years later. It's not your responsibility as to when your PTSD symptoms appear or when you're diagnosed with PTSD. The court will determine your "usual work" based upon your usual and customary job when you worked overseas. If you worked overseas at several jobs, it will usually be the one that you worked last where there were events that caused or contributed to your PTSD. 

The DBA insurance company will get what is called a Labor Market Survey.  Which is a report stating jobs that are allegedly open, available and suitable for you considering injuries, disability, education, training and such.

You MUST actually apply for each of the jobs and be ready to prove you applied for each of the jobs.  This will be the key evidence to winning your case. Not that you will actually get one of these jobs - that would be almost unheard of. Because when you apply for the jobs you will see that the “jobs” either were never available to begin with, are not real jobs, or you are not qualified to perform the jobs. Nevertheless, you can’t prove that unless and until you actually contact the employer and apply for the job.


PTSD and the Defense Base Act Judges

Know this, DBA Judges have seen it all. They know. They have heard first hand about the terror. The absolute horror. This is our best advice. You be 100% honest about every single thing. Don’t think the Judge will rule against you if they find out about bad stuff about you. It is our experience that if you are honest, the Judge will rule in your favor.

Nobody likes someone that lies to them. Do you?  

The DBA Judge will be willing to forgive just about everything - as long as you are rock solid honest about everything.

If you have said something that is inconsistent in the past, you need to own it. Or at least, explain it or put it into context. Denial based upon lies is never, ever the answer. 


Can I bring a PTSD case if I haven't been overseas in years? 

The DBA has particular rules for the PTSD and the statute of limitations. That is, how much time you have to bring a PTSD case under the DBA. Short answer, you may be able to bring a DBA claim years after you worked as an overseas civilian contractor


I cover all of this in much more depth in my book - Win Your Defense Base Act Case

I go into great depth about PTSD and the Defense Base Act in my acclaimed book.  You can order a free copy here. Or, you can buy the book from amazon.com if you l like. Either way, there is nothing even close to the resources in my book. 

I suggest that you read my book BEFORE you sign any forms, give a statement, talk to the DBA insurance adjuster or even hire a lawyer. I guarantee that my book will be your best resource for helping you take on and beat the DBA insurance company. 



Need help right now?


Call us at 619-304-1000  - If you call after regular business hours, when you leave a message, be sure to repeat your name and telephone number twice, so we get it correctly. And be sure to indicate whether it's okay if we respond by text.


Text us at 858-281-8008 - Be sure and put "new DBA case" in your text.


Or you can leave us a message on this web page.



This article isn't legal advice


These discussions and/or examples are not legal advice. All legal situations are different. These testimonials, endorsements, photos and/or discussions do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, or your particular case/ situation. Every case is different. There are any number of reasons why DBA cases are not won and/or are not as successful folks might have hoped for.


Just because we have gotten great results in so many other Defense Base Act cases, doesn't guarantee a particular result in other cases. Including, your DBA case. Every case is different.

William Turley
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“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”