Psychiatric injury is an illness or condition recognized by a qualified psychiatrist or a clinical psychologist. Although they may appear to be doing fine, victims of psychiatric injury can suffer from depression, anxiety, post-traumatic stress disorder or chronic fatigue syndrome.
This type of injury can occur from shock, grief, distress, emotional trauma, extended anxiety, chronic pain, health concerns, overwhelming work stress, sleep deprivation or a combination of the above. Once a patient is diagnosed with a psychiatric condition, it can profoundly affect the quality of life for the patient and their loved ones. Psychiatric injuries can be directly caused by the physical and emotional trauma suffered by a person who is seriously injured in a motor vehicle accident, a slip and fall accident, a hit and run accident or a pedestrian accident. Psychiatric injuries can also arise in the absence of any physical injury.
A psychiatric injury can also occur to a bystander or rescuer by simply watching a traumatic incident unfold. Such patients are categorized as secondary victims, while the injured person suffering directly is called a primary victim. Secondary victims may be eligible for compensation for nervous shock if certain conditions are met, depending on each case’s unique circumstances and the relationship between the observer and the primary victim.
The treatment for a psychiatric condition may be long and require ongoing psychiatric assessments, prescription medications and ongoing psychotherapy. Patients may become vulnerable to issues such as their ability to cope with life and work, the effect on their family, the extent to which a treatment may be successful, future vulnerability to further psychiatric injury and difficulties carrying out their usual daily activities.
A psychiatric injury may result in a psychiatric impairment which disables a person from carrying out their normal daily activities and maintaining their usual relationships with family, friends and co-workers. If the impairment is significant, it may impact all aspects of the person’s life. Since a psychiatric condition can very hard to diagnosis, a qualified psychiatrist or psychologist’s diagnosis is vital and carries significant weight in the legal system. Many psychiatric injury cases are complex and issues of causation to the traumatic event is made more difficult by a person’s pre-existing psychiatric symptoms and diagnosis. Normally, a thorough review of the person’s pre-accident records from the family doctor and mental health care practitioners will have to be carried out to assist in the causation argument. Some people suffer from minor forms of depression and anxiety, which renders them more vulnerable to traumatic events and chronic pain. Prior psychiatric symptoms and a person’s vulnerability all have to be considered in establishing the role the accident played in exacerbating a minor pre-existing condition.
If you or your loved one has suffered a psychiatric injury in a traumatic accident, our experienced trial lawyers with over 35 years of experience can assess your case and advise you on your legal options. If your injury is caused by another person’s negligence, you may have the right to bring a court action to recover compensation. For more information, please call Futerman Partners LLP at 416 925 4100. We will offer you a free no obligation consultation and there will be no upfront fees.