When it comes to personal injury claims, it is easy to focus solely on the visible physical harm suffered, which, in the worst cases, is catastrophic. However, the psychological toll of an injury can be just as profound, if not more so. Psychological damages, such as anxiety, depression, or post-traumatic stress, often follow traumatic events like car accidents or workplace injuries. These invisible wounds can deeply impact a person’s ability to function in daily life or return to work, and even affect their loved ones.
Here, we will examine the nature of psychological damages, the challenges of proving them and the strategies that can be employed to ensure proper compensation in a legal claim.
Understanding psychological damages
Post-traumatic stress disorder (PTSD), anxiety, depression, or other mental disorders, are common when someone experiences a traumatic physical accident. The issue is that we cannot see these damages with the naked eye. Often, we only witness the toll poor mental health takes on a person once it starts to manifest physically.
Psychological damages can hinder daily life and even become crippling. When someone is in a car accident, for example, they may develop PTSD surrounding driving or being a passenger in a car. These psychological effects can render them unable to do their job, resulting in a loss of income, or otherwise affecting their quality of life. These psychological injuries can also make it difficult to receive medical care for the physical injuries sustained.
In the context of a legal claim, emotional and mental health injuries need to be proven in a similar manner to physical injuries. A trained medical professional needs to assess and detail the ways in which the plaintiff has been impacted and proof of income loss needs to be provided.
Challenges in proving psychological damages
Psychological harm is often invisible, which can make it harder to prove in court. The burden of proof will rest on medical records, psychological evaluations, and expert testimony. Additionally, insurers and defendants are highly skeptical about the validity of psychological damages. The proof provided needs to outweigh that skepticism.
When making a psychological or emotional injury claim, the plaintiff will want to establish that the impairment goes beyond normal annoyances, fears and anxieties. For example, many people experience some anxiety around taking a bus, but being unable to even approach a bus or bus stop may go beyond what is seen as normal.
Legal strategies for advocating psychological damages
Thorough documentation is important when advocating for psychological damages. Documentation can include:
- journals made by the plaintiff
- therapy records
- testimonies from health professionals and family and friends
- documentation of the impact on the plaintiff’s daily life
Working with mental health professionals is key, as their opinions and reports will be important to prove the significance of the psychological damage. Expert witness testimony will also mitigate the defendant’s skepticism.
Psychological damages and settlement negotiations
Emphasizing the long-term mental health impacts will be important to receiving an appropriate settlement for psychological damages. Fair compensation will require proof of income loss, impacts on future job and career prospects, and even impacts on housing or education where relevant. The plaintiff may have, before the accident, experienced psychological conditions that were triggered or made worse by the accident. Their prior condition does not detract from their claim.
Looking ahead: mental health and the legal system
Society’s views on mental health have changed drastically in the last few years, and with that, the treatment of these injuries by our legal system has changed. Psychological damages and their impact on mental health are taken more seriously now than they once were. Advancing claims for psychological damages within a personal injury case will help the legal system understand these damages and honour these claims when they happen.
Healing beyond the physical
Advocating for psychological damages in personal injury cases is crucial for ensuring that the full scope of an individual’s suffering is recognized and compensated. While these damages can be more difficult to prove than physical injuries, they can have just as significant an impact on a person’s life, including their ability to work, maintain relationships, and pursue daily activities. Plaintiffs can overcome the skepticism often associated with psychological claims by working closely with mental health professionals, gathering thorough documentation, and presenting a compelling case.
The legal system is evolving as mental health awareness grows. It is now recognized that victims deserve compensation and healing, for both the physical and mental trauma that they suffer.
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DISCLAIMER The information in this article was correct at time of publishing. The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta.
About David Hollingsworth
