Can I Claim Compensation for Psychological Injuries?
Psychological injuries can be as debilitating as physical injuries, often impacting a person’s quality of life, mental health, and ability to work.
At Morgan Clifford Lawyers, we understand that compensation claims aren’t just about recovering costs for physical injuries—mental and emotional harm are equally important.
If you have suffered psychological injuries due to negligence, a traumatic accident, or another wrongful act, you may be eligible for compensation.
Here’s what you need to know about making a claim for psychological injuries.
What Are Psychological Injuries?
Psychological injuries refers to psychological damage caused by a traumatic event or wrongful action. It can manifest in various forms, including:
- Anxiety or depression
- Sleep disturbances (insomnia, nightmares)
- Post-Traumatic Stress Disorder (PTSD)
- Fear, shame, or humiliation
- Emotional numbness or social withdrawal
Psychological injuries are often experienced alongside physical injuries, but it can also occur independently. For example, a person involved in a car accident may experience PTSD even after recovering physically.
Similarly, being subjected to harassment, discrimination, or bullying at work can cause emotional trauma, even if no physical harm occurs.
When Can You Claim Compensation for Psychological Injuries?
In Australia, you can claim compensation for psychological injuries in several situations, particularly when it results from negligence or wrongful conduct. The most common cases include:
1. Personal Injury Claims
If you have suffered psychological injuries as part of a personal injury (such as a car accident or workplace injury), it is generally included in your claim.
Queensland’s personal injury laws allow compensation not only for physical injuries but also for the psychological harm that accompanies them.
2. Workplace Harassment or Bullying
Psychological injuries caused by workplace bullying, harassment, or discrimination may give rise to a compensation claim.
Employers have a duty to provide a safe and respectful work environment, and failing to do so can result in liability for the emotional harm caused to employees.
3. Medical Negligence
If you experience emotional trauma due to medical negligence, such as a surgical error or a misdiagnosis, you may have grounds for a claim.
The emotional impact of medical negligence can be severe, particularly if it leads to additional health complications or prolonged suffering.
4. Traumatic Experiences or Accidents
You may also be entitled to compensation for psychological injuries caused by traumatic events, such as witnessing a serious accident or being involved in a near-death experience.
These cases can result in long-term conditions like PTSD, for which compensation may be sought.
How Is Compensation for Psychological Injuries Calculated?
Calculating compensation for psychological injuries can be complex, as it involves non-economic damages that don’t have a straightforward monetary value.
At Morgan Clifford Lawyers, we assess multiple factors when determining the value of a claim, including:
- The severity of the psychological injuries (mild anxiety vs. PTSD)
- The impact on your daily life (inability to work, relationships affected)
- The duration of the distress (temporary vs. long-term effects)
- Evidence from medical or psychological experts
- Related expenses, such as therapy or medication costs
Because psychological injuries affects everyone differently, it’s essential to have legal professionals who understand how to build a strong case and demonstrate the full extent of your suffering.
How to Prove Psychological Injuries in a Compensation Claim
Proving psychological injuries is not always straightforward, as it involves intangible harm. However, with the right evidence, it is possible to make a compelling case.
Here are some ways we help our clients gather the necessary documentation:
- Medical Reports – These include diagnoses from mental health professionals, such as psychologists or psychiatrists, and outline the impact of the psychological injuries.
- Therapy Records – Records from counselling sessions can show the severity and duration of your emotional suffering.
- Impact Statements – You may be asked to provide a personal statement describing how the distress has affected your life, including your relationships, work, and daily activities.
- Witness Testimony – Statements from family, friends, or colleagues who have observed changes in your behaviour can support your claim.
- Expert Opinions – In some cases, expert witnesses, such as mental health professionals, may provide reports or testify about your condition.
At Morgan Clifford Lawyers, we work closely with our clients to gather and present this evidence, ensuring the best chance of success in their compensation claims.
Why Choose Morgan Clifford Lawyers for Your Compensation Claim?
Navigating compensation claims for psychological injuries can be complicated, especially when it comes to gathering evidence and negotiating settlements.
That’s where Morgan Clifford Lawyers come in. With decades of experience handling personal injury and psychological injury claims in Brisbane, we are committed to getting the best possible outcome for our clients.
Here’s what sets us apart:
- No Win, No Fee: We offer a no-win, no-fee arrangement on many compensation claims, meaning you won’t pay unless we succeed.
- Experienced Team: Our legal team has successfully handled thousands of claims, giving us the knowledge and skill to manage even the most complex cases.
- Compassionate Approach: We understand that psychological injuries claims can be deeply personal, so we treat every client with care and respect.
- Clear Communication: We’ll guide you through every step of the process, keeping you informed and ensuring that you fully understand your rights and options.
Contact Morgan Clifford Lawyers Today
If you are suffering from psychological injuries due to someone else’s negligence or wrongful conduct, Morgan Clifford Lawyers in Brisbane are here to help. We know how challenging it can be to navigate the legal process, especially when dealing with emotional trauma.
Our experienced team will assess your case, explain your options, and fight to secure the compensation you deserve. Contact us today for a free consultation, and let us help you take the first step towards recovery.
Morgan Clifford Lawyers – Your Trusted Compensation Lawyers in Brisbane
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This article is intended to provide general information in summary form on legal topics, current at the time of publication, for general informational purposes only. The material may not apply to all jurisdictions. The contents do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have.