COMPENSATION CLAIMS FOR PSYCHOLOGICAL INJURIES

December 5th, 2008 Hinchliffes

Published in Truckstop News - December 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “COMPENSATION CLAIMS FOR PSYCHOLOGICAL INJURIES”.

Statistics indicate that approximately 25% of those exposed to a traumatic event will develop a psychological illness, for example depression, post traumatic stress disorder (PTSD) or grief, and which can lead to anxiety and personality changes. Some people have also been known to become dependent on drugs or alcohol.

The development of this type of injury can be common following a road accident, a railway accident, a work accident, suffering abuse, or after a specific event such as the infamous Hillsborough disaster.

It is often wrongly assumed that PTSD is the only recognised psychological illness that can result from such an event, but this is not so.

Unlike with a physical injury, the affected person may not immediately recognise that they have suffered a psychological injury. In some cases it can take weeks, months or even years after the traumatic accident or event for the injury to develop. The symptoms can range from flashbacks and nightmares, to irritability, anger, inability to concentrate properly, feeling low and despondent, fatigue and disturbed sleeping patterns. It is quite usual for multiple symptoms to be experienced and for people to suffer with more than one type of psychological injury at the same time. In almost all cases medical help is required to alleviate the symptoms.

When this situation arises, it is necessary to assess whether the affected person (”the claimant”) has suffered a personal injury, and if so whether they are able to make an accident compensation claim.

The definition of a “Personal Injury” includes any disease or impairment of a person’s physical or mental condition. Therefore, if the claimant can establish that another party is responsible for the traumatic event, then they can hope to recover injury compensation not only for any physical injury caused by the other party’s negligence or breach of duty, but also for any psychological harm, being an identifiable illness or condition that has been sustained together with, or in consequence of, that physical injury. It is also possible to pursue a claim if there has been no physical injury at all, only psychological injury.

However, the psychological illness must be distinct from the normal emotions or upset felt after an accident or other traumatic event, and this can be quite difficult to assess. In particular, the exact origin of a number of mental disorders cannot be established and depend upon the interaction with the affected person’s personality and circumstances.

At present, the position appears to be that if the claimant, as a result of the negligent act or omission of another party, is exposed to the risk of physical injury, they will be able to recover accident compensation if they suffer psychological injury, even if it was not reasonably foreseeable. Likewise, the claimant’s eventual suicide, even if not realistically predicted, may entitle their surviving spouse to make a claim.

Specific criteria apply in respect of catastrophic events. A rescuer (eg a firefighter) in exposing themselves to danger can recover compensation for psychological injury whatever the cause of that injury, so long as it was caused by the rescue experience.

For others to succeed in a claim, they must show that they were in close proximity to the accident or present at its “immediate aftermath”. Also, the injury must be sustained through the claimant seeing or hearing the event or its aftermath, as opposed to being told about it or watching it on TV. In addition, there must be a close relationship between the claimant and the primary victim of the accident (being the person killed or injured) and the psychological injury must result from sudden shock.

As this is a complex area, anyone believing they may have suffered psychological injuries should seek specialist advice.

QUESTIONS AND ANSWERS

While driving my van northwards on the M1, a lorry coming from the north broke through the central barrier and headed straight for me. I thought I was going to die, but luckily the lorry just missed me. I wasn’t hurt, but have become very nervous when driving and have lost sleep because of nightmares. My wife says I’m now bad tempered and I’ve lost interest in sex. Who should I ask for help?

A near miss accident often results in psychological problems like yours and you should see your doctor as soon as possible, so your symptoms can start to be treated. You can also make a personal injury claim against the other driver’s insurers (whose details will be held by the Police) and you might want to consult a specialist solicitor.

A few years ago my brother-in-law lost his arm in an accident at work. His employer accepted responsibility and agreed to pay compensation for his injury, but he became depressed and couldn’t cope when he was unable to do his job, and committed suicide. His widow (my sister) now has no financial support and finds it hard making ends meet. Can anything be done to assist her?

This is a very sad situation, and as long as it can be shown that the depression was caused by the original work accident, there is a good chance that your sister can claim compensation from her late husband’s employer for financial losses suffered due to his death. It would be a complex case involving a lot of legal and medical issues, but it would be worth pursuing the matter. She should consider contacting a personal injury lawyer able to provide advice under a No Win No Fee arrangement, and you could help her with this if required.

ENDS

(Other Personal Injury FAQs)

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation. All cases are conducted on a No Win - No Fee basis, where the Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.