Psychological Injury - When Can You Claim?
Many individuals contemplating bringing a claim for personal injury as a result of an accident which wasn’t their fault are unaware that in addition to being able to claim for physical injuries, they can also claim compensation if they have suffered psychological injury.
In any personal injury claim, in order to substantiate a claim for injury, you will require a medical report from an independent medical expert confirming your injuries. Providing a psychological injury is acknowledged by the medical expert preparing the report in your case, then you should be able to recover compensation for that element of your injury.
Individuals commonly encounter psychological injury as a result of road traffic accidents in which they were injured as drivers, passengers or pedestrians. The following are recent cases where the Court has awarded compensation for psychological injury:-
J (a child) v Ali (2008) J suffered a traumatic stress reaction following a car accident in which he was a passenger when he was 3 years old. He did not suffer from any physical injuries. His symptoms consisted of travel phobia, sleep disturbance with nightmares, clinginess towards his mother and general anxiety. J required 11 sessions of Cognitive Behavioural Therapy. His symptoms resolved approximately 5 years after the accident.
J was awarded £4,250 for his psychological injuries.
Kirk v Plotzer (2008) Kirk, aged 23 at the time of the accident, was injured when the vehicle he was travelling in (which was being driven by his girlfriend) was hit from the side by another vehicle and spun into a lamppost.
Kirk suffered a whiplash injury to his neck and was unable to work for 2 weeks. His neck injury took around 20 months to resolve and thereafter he only suffered from occasional twinges.
After the accident, Kirk also started suffering from nightmares and insomnia together with frequent “what if” thoughts. His relationship with his girlfriend broke down soon after the accident, as he was unable to stop talking about the accident. Kirk became an extremely nervous driver and passenger following the accident. He also became increasingly isolated and nervous in crowded places. After 11 months he left his job and moved out of the family home due to arguments about his condition. He also suffered from significant anxiety about the litigation arising from the accident. He was diagnosed with an acute stress adjustment disorder. Medical opinion was that he should recover within 28-34 months of the date of the accident.
Kirk was awarded £5,000 for his neck and £13,000 for his psychological injury. His total award was then discounted to take into account overlap and he was awarded £14,000 for his physical and psychological injuries.
Witnesses to accidents involving loved ones can also claim for psychological injury if the events they witness are sufficiently traumatic to cause them psychological harm.
Christine Crofton v (1) Holt (2) MIB (2007) In June 2004, Christine Crofton witnessed her son in law and her granddaughter being knocked over on a pedestrian crossing by a vehicle being driven by the first Defendant. Ms Crofton believed her son in law had been killed in the accident and did not learn of his fate until some hours later, as she had accompanied her granddaughter to hospital.
The driver had been uninsured at the time of the accident. Ms Crofton therefore brought a claim against the driver and the Motor Insurer’s Bureau (MIB) alleging that the driver’s negligent driving had caused the accident. The MIB accepted liability.
As a result of witnessing the accident, Ms Crofton developed Post Traumatic Stress Disorder, depression and became very withdrawn. She experienced separation anxiety from her family and insisted on knowing their whereabouts at all times. She became over-protective of her grandchildren and feared for them when they crossed the road. She avoided the scene of the accident.
Ms Crofton took anti-depressants and underwent Cognitive Behavioural Therapy. She made a good recovery from her symptoms within 3 years of the date of the accident and the minor residual symptoms she was still suffering from were expected to resolve within the following 12 months.
Ms Crofton was awarded £10,000 for her psychological injuries.
Other types of accidents can also give rise to psychological injury.
S (a child) v Herald Inns & Bars Ltd (2008) S, a boy aged 8 at the time of the accident, swallowed a jagged L shaped fishbone approximately 40mm long whilst eating in the Defendant’s restaurant. S was taken to hospital and had to have the fishbone surgically removed. He could only eat soft foods for 1-2 days but thereafter he had no further physical problems.
S developed Post Traumatic Stress Disorder as a result of the incident which presented as anxiety, sleep difficulties, nightmares, irritability, a fear of dying and a fear of fish. S’s psychological injury was most severe for 5-6 months after the incident and gradually improved over the following 5 months. He received some Cognitive Behavioural Therapy and finally recovered 18 months after the incident.
S was awarded £3250 for both his physical and psychological injuries.
Seth Lovis & Co’s Personal Injury team can advise you if you believe you have suffered a psychological injury as a result of somebody else’s negligence.
Angela Richards, Solicitor, Personal Injury Department