Psychological Injuries*

psychological-claim“Whatever is unknown about the mind-body relationship (and the area of ignorance seems to expand with that of knowledge), it is now accepted by medical science that recognisable and severe physical damage to the human body and system may be caused by the impact, through the senses, of external events on the mind.”1

There are a number of different elements to psychological injuries as recognised by the law.

You may sue for post-traumatic stress disorder following a traumatic assault. There have also been cases where the victim has alleged they suffered a psychiatric injury based on an irrational fear due to exposure to health risks.

The law also recognises the principle of “nervous shock”, which is a remedy that allows for the recovery of damages against a defendant in circumstances where the victim has not themselves been injured by an act of the defendant but rather suffered a psychiatric injury at experiencing the aftermath of the defendant’s actions.

Compensation can also be recovered for loss of association, in circumstances where, for example, the relationship between a husband and wife breaks down due to an injury to one of the spouses caused by another party.

Loss of consortium is another form of compensation which may fall within the category of a psychiatric injury, whereby, due to the actions of a third party, sexual relations break down between two people who were in a sexual relationship; and this action is available whether the root cause be psychological or physical.

Typically the time limit for personal injuries is two years, but this may be slightly different in situations where a psychological injury is claimed. We have much experience in these type of injuries, and we handle them with care and compassion. If you feel that you have a psychiatric injury, please talk to us, and we will look after it.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

*1 McLoughlin v O’Brian and Others [1982] 2 All ER 298 at page 301, per Lord Wilberforce