Car accidents and motorcycle accidents are traumatic events, and while the physical injuries may be visible, psychological injuries are often less apparent but equally damaging. The emotional distress that follows a motor vehicle accident can manifest in many forms, from anxiety and depression to post traumatic stress disorder (PTSD). In New South Wales, those who suffer psychological injuries due to a motor vehicle accident may be entitled to compensation, even if they were at fault. This blog aims to shed light on psychological injuries resulting from motor vehicle accidents and the compensation process.
What Are Psychological Injuries?
Psychological injuries after a car or motorcycle accident can range from minor stress reactions to severe mental health conditions like PTSD. Following a traumatic event, many individuals experience emotional responses such as shock, fear and anxiety. In more severe cases, these feelings can develop into long term mental health issues, such as depression, which may require professional treatment.
Psychological injuries that stem from motor vehicle accidents are covered under the Compulsory Third Party (CTP) insurance scheme. The scheme acknowledges both threshold and above threshold psychological injuries. For instance, conditions like adjustment disorder and acute stress disorder are classified as threshold injuries, whereas more severe diagnoses, like PTSD or major depression, fall under the above threshold injury category. These distinctions impact the compensation and benefits individuals are eligible to receive.
Compensation for Psychological Injuries
Individuals involved in a car and motorcycle accident may be entitled to statutory benefits, regardless of fault. These benefits can include income support and coverage for medical expenses. However, the level and duration of compensation vary depending on the severity of the injury and the extent to which the accident was the victim’s fault. If your psychological injury is classified as a threshold injury, statutory benefits typically last for 6 months. After this period, income support and other benefits generally cease unless your injury is deemed above threshold, and you were not primarily at fault. In such cases, you may be eligible for further compensation, including payments for lost future income and pain and suffering.
One of the key aspects of the CTP scheme is ensuring that individuals with psychological injuries receive the necessary support to recover. From therapy and psychiatric assessments to long term mental health care, medical expenses are covered to aid in your recovery process.
How Psychological Injuries Are Assessed
The assessment of psychological injuries in the context of a motor vehicle accident claim is comprehensive. To determine the extent of your injury, a psychiatrist will evaluate your emotional and mental health. This assessment includes an in-depth review of your personal care habits, ability to function socially and your ability to manage everyday activities. The psychiatrist will also evaluate behavioural changes using a psychiatric impairment rating scale, which is designed to quantify the impact of your psychological injury on your life.
During this assessment, your past medical history is also taken into consideration. This ensures that the compensation process takes into account not only the new injury but any pre-existing conditions that might exacerbate your current psychological state. Ultimately, the goal is to paint a full picture of how the accident has affected your mental health, ensuring fair compensation based on your specific circumstances.
Navigating the Compensation Process
Claiming compensation for psychological injuries can feel overwhelming, especially when you’re dealing with the emotional aftermath of a car or motorcycle accident. Fortunately, we specialise in guiding clients through the legal process, ensuring that every step is transparent and straightforward. Our motor vehicle accident lawyers are experienced in managing psychological injury claims, helping you understand what you are entitled to and ensuring you receive the maximum compensation possible.