Psychological Damages in Personal Injury Claims
When you make a personal injury claim, you are awarded compensation for both your physical injuries and your psychological injuries.
Psychological injuries after an accident
People who are involved in traumatic accidents often suffer psychological harm. This is perfectly understandable. After all, you have lived through a frightening experience. Your life may even have been in danger. This can lead to flashbacks, nightmares, post-traumatic stress disorder and phobias.
If you can no longer live your life as you once did, you may also develop depression, anxiety and self-esteem issues. This is particularly true of people who cannot work or resume their normal hobbies following the accident. Your personal relationship may also be affected, causing further upset and grief.
Compensation for mental injuries
If you are injured through no fault of your own, the courts in Canada recognise that you should be compensated for all your damages – including your psychological injuries. This award is included in your non-pecuniary damages, which intend to reflect your pain and suffering.
Previously, claiming compensation for mental injuries has been difficult. ICBC used to deny mental injury claims if there was no diagnosed psychiatric condition. However, thanks to a ruling by the Supreme Court in 2017, this is no longer a bar. This means you are entitled to compensation for things such as –
- Any recognised psychiatric disorders you have developed because of your accident, such as PTSD, depression, anxiety, panic attacks and aversion disorders
- The effect your injuries have had on your personal relationships
- The loss of lifestyle you have experienced because of your injuries
- Any impairment of your mental abilities, such as concentration and memory
Speak to a Vancouver personal injury lawyer
Have you been injured in an accident through no fault of your own, or as a result of medical malpractice? Or maybe your loved one has been harmed? If so, please contact us at John Mickelson Law Corporation. We are here to ensure you are properly compensated for all your injuries – be it physical or psychological injuries.
An award for mental injuries is often given in the following types of cases –
- Car accidents
- Dog bites
- Medical malpractice
- Accidents involving children
- Accident leading to catastrophic injuries
- Wrongful deaths
However, this is by no means an exhaustive list. If you have been involved in an accident which was not your fault, or you have been harmed by an act of negligence, contact us. We can help you claim compensation.