Many personal injuries can result in psychological damage that can sometimes last longer than physical injury.
When making a personal injury claim, you may also be eligible to claim compensation for emotional stress and mental anguish directly caused by the negligence or maliciously willful act of others. Psychological damage can include post-traumatic stress, neurological problems, epilepsy and psychiatric damage.
However, psychological personal injury claims can be more difficult to prove than a physical injury claim.
Here’s a look at the types of psychological personal injuries and what you need to know before pursuing a claim.
In a personal injury claim process, the following factors will be considered:
● The impact on your ability to cope in your day-to-day life, both at home and work
● How your relationships with friends, family and colleagues have been affected
● Treatment you’re receiving for your condition
● Medical prognosis
● What medical advice has been sought
Hard evidence is needed to pursue a psychological damages claim. These can include:
● Doctors’ reports
● Personal journals on the progression of your condition
● Medication you are taking for the condition
● Supporting testimonies from friends and family
If your case is successful, the amount of compensation granted will depend on the severity of the damage.
The most common examples of psychological damage claims are:
● Road traffic accidents – resulting in post-traumatic stress, chronic pain that can lead to depression, neurological problems.
● Child abuse – adults who suffered abuse as a child can claim compensation from abusers and also local authorities that failed in their duty of care.
● Workplace – clinical depression as the direct result of work-related stress ranging from overwhelming workloads and poor working conditions to bullying and harassment, and negligence of the employer to provide a duty of care.
Making a Personal Injury Claim:
Being injured can cause you not only physical but emotional stress. It is a very confusing time where you aren’t quite sure what to do and if you are entitled to anything. Whilst looking after yourself during this time is important, it is equally as important to begin thinking about pursuing a personal injury claim.
Your first step is to collect as much evidence as possible which suggest who was to blame for the accident as well as any damage caused. Photographs and written accounts of everything that has happened since the accident are good examples of evidence. These may include things such as medical bills, any visits of doctors/hospitals, time off work, lost wages etc. If anyone was there to witness the accident it is imperative that you get their details in case they are needed for future reference.
Any conversations that are had with people who were involved or witnessed the accident should also be written down. It is also important that you inform the person that you intend the file a lawsuit against that you are going to do so. This does not necessarily mean you are now legally obligated to do so. It does however mean that by giving sufficient notice, you are preserving your legal right against the other parties defense arguing that you waited too long to inform them you were injured.
There is no set time limit on when you can file a personal injury claim unless they are a government agency. Because of this, people often put it off and wait until a substantial amount of time has passed before doing anything. This is one of the worst things you can do in this situation as the quicker you are about dealing with it, the faster it will be resolved. If too much time passes certain evidence can also be doubted such as the memories of witnesses and of yourself.
Whilst there is no time limit on filing a claim, there is however a time limit for be compensated for your injuries. For different types of claims this amount of time will vary which is why it is advisable to look this up yourself or seek legal advice to help you understand your options.
For more information on personal injury claims, contact Mark Reynolds Solicitors in Warrington today.