Personal injury does not just mean physical injuries – psychological injuries can be just as life changing and sometimes can be worse because they cannot just be “seen and assessed”.
However, it is this that can also make including a claim for psychological injury incredibly difficult even if it is something that you consider is affecting your life just as much as your physical injuries. Some of the main hurdles to overcome are listed below however, it is always best to speak with a personal injury specialist direct if you are wishing to include this type of injury in your claim.
Recognised Condition
The condition that you are suffering has to be a recognised illness that a medical professional would diagnose. This includes things such as Post-Traumatic Stress Disorder, depression and anxiety. If the injury is not diagnosed it is incredibly difficult to include it in a case, which is understandable. For example; you wouldn’t try and make a claim for a broken leg if there is no proof in your medical records that you have had to have treatment for this injury!
Being involved in an accident is commonly going to cause some sort of mental grievance, however to be able to include this it has to be something that is medically recognised. Post-Traumatic Stress Disorder is undoubtedly one of the most common injuries claimed for, especially by people who have experienced horrific accidents resulting in terrible injuries.
Secondary Victims
Many people that witness an accident may also be able to make a claim for the trauma caused. However, this can be difficult and you would be considered a “secondary” victim (with the person who has experienced the accident being the “primary”). To establish whether you would be able to claim you would need to show sufficient proximity to the accident. Some of the most famous cases on this point is those relating to the Hillsborough disaster where people who saw their loved ones injured were considered to be in sufficient proximity to claim for their psychological injury.
However, there have been questions about how long after the accident you have experience the person’s injury, whether you had a close relationship with the primary victim or whether a telephone call of distressing news is enough? Therefore it is always important to seek independent advice on your particular circumstances.
Claims for post-traumatic stress disorder have been on the rise recently with many people coming out of the armed forces fighting for the distress to be recognised. The good news is that it is a recognised injury that a medical professional would diagnose and if this occurs you may have a strong case and therefore it is certainly worth exploring.
