Mental injury claims vs. physical injury claims

Most people are familiar with the concept of making a claim for compensation for physical injuries suffered in a motor vehicle accident.

There is more than one classification of such injuries.

For example, there are soft tissue injuries, where no bones are broken.

There are orthopaedic injuries where there are broken bones.

And, multiple injuries, where there is more than one injury to more than one area.

To demonstrate, or prove, a physical injury, the person making the claim would normally give evidence of pain he or she suffers, as well as the inability to do certain activities.

Often, family members will testify as to what they observe in terms of reduced ability and so forth.

Usually one or more medical reports are relied upon where the doctor gives an opinion of the injuries suffered and how the individual has been affected and where possible, how long it will take for a full or partial recovery.

Expert medical evidence is helpful, but not necessary for the injured victim to prove his or her claim.

Mental injuries like physical injuries connected to the accident, are compensable.

A simple example would be painful physical injuries that result in depression, known as psychological injury, which interfere with the claimant’s enjoyment of life and become part of the evidence giving rise to the compensation.

Often, a psychologist or psychiatrist will give an opinion as to the diagnoses of the mental injury being described.

Until recently, however, and unlike with physical injuries, many would argue the case law required an expert to give an opinion diagnosing a mental injury.