Personal Injury and Mental Health: Psychological Harm in Compensation Claims

Personal injury often arises more frequently in the summer months when individuals go on holiday, often abroad, and for various reasons such as being in unfamiliar territory may lead to accidents. As well as impacting on the physical personal injury an accident can also seriously impact on the mental health of the victim. Recognising the deep connection between personal injury and mental health is an important step towards providing victims with proper support.

The consequences of personal injury which affect the victims’ mental health are increasingly recognised by healthcare professionals, legal experts and support organisations. Trauma caused by accidents, negligence, or violent incidents can leave victims struggling with anxiety, depression, post-traumatic stress disorder (PTSD) and emotional distress. Psychological injuries are often invisible to others, making them more difficult to understand and treat.

The impact of personal injury is generally understood and the obligation for payment of damages when a person is physically injured as a result of an accident or negligence is accepted as a reasonable consequence. However, often psychiatric injury has, in the past, been dismissed and attributed to various things unrelated to the event. Often not deemed to fit the “sudden shock” criteria, for example the police officers who attended the Hillsborough disaster were considered secondary victims despite being at the heart of the incident.

Psychiatric injuries frequently occur alongside physical injuries but can in certain circumstances, occur separately. However, there must be clear evidence which may in some cases be hard to establish, as such injuries are not usually as visible. It is important to demonstrate not only the existence of psychiatric harm but the impact it has on daily life. One of the most common mental health effects of personal injury is anxiety. After experiencing a serious accident, many victims become fearful of situations that remind them of the event. For example, a person injured in a road traffic collision may develop a fear of driving or even travelling in a vehicle. Clearly, such a consequence can affect every aspect of a person’s life. This can have a serious impact on their family if the resulting anxiety makes it impossible to return to work or undertake normal everyday activities that once felt normal, such as assisting in the care of elderly relatives or driving the children to school or worse still, being unable to return to work has suddenly become overwhelming and frightening due to the trauma. Victims may feel they have lost the life they once knew. Such an impact that interferes with work, social life, independence and family life can have an extremely detrimental effect on other family members.

The evidence required is explained below:

• Medical records play a vital role and should be obtained as soon as possible when making a claim. Including GP notes, any therapy or counselling notes and hospital records. Medical records from before the event outlining that outline pre-existing conditions and possibly mental health issues should not impact on a claim. Contemporaneous evidence supporting the symptoms caused by the event are often the most important piece of evidence. They provide an objective account of the initial symptoms and how they have developed. It is important for affected individuals to seek medical advice at the earliest opportunity to clearly demonstrate the presence of an injury.

• Medical Expert evidence is central to a psychiatric injury claim. Frequently, the medical expert evidence is deemed to be the most viable evidence with consultant psychiatrists representing both parties, assessing and providing objective opinions. The courts expect such witnesses to present evidence without bias but to provide fair and balanced assessments. Each medical expert is expected to provide a diagnosis of the claimant’s injuries thought to have been caused by the event in question, together with a recommended treatment programme and an estimate of the potential recovery time. Together with an assessment of how the condition will affect the claimant’s ability to work, carry out normal activities, including maintaining a relationship.

• The importance of witness evidence cannot be overemphasised. All parties that were present when the accident occurred should be asked to provide a statement outlining the actual accident and how they believe it occurred and who, if anyone, was responsible for the accident. Witness evidence statements are often provided by individuals who know the claimant well and can describe how the claimant behaved before the incident and how they have been affected as a result of the accident. Changes in in their behaviour such as panic attacks, withdrawal from social activities they are unable to deal with. Often, there are problems for the claimant in the workplace. Witness evidence provides a demonstration of the day-to-day impact the accident has caused. Frequently, the consequences to the mental health of the victim have long-lasting effects.

The strength of the claim can be compromised by a delay in reporting the issue and in seeking medical treatment. There must be consistency in the reporting of any symptoms. Also, if the claimant fails to follow the medical advice provided this also can impact on a claim. 

Giambrone and Partners’ personal injury lawyers can assess your claim and guide you through the process, ensuring that all relevant evidence is presented clearly and effectively.

Our team provides comprehensive assistance in all aspects of personal injury claims arising abroad. If you require legal advice or wish to discuss a potential claim, please contact us here.