A report carried out by the mutual society, National Friendly, found that 57% of employees needed to take time off work following an accident. Among those aged 35 or under, this figure rose to 71%. One in ten of those who had been in an accident during the last three years from the date of the survey reported that their mental health had suffered, with 5% to 7% suffering nightmares.
According to the website of PTSD UK, the charity dedicated to raising awareness of posttraumatic stress disorder in the UK, approximately 25-33% of those involved in road traffic accidents are at risk of developing PTSD within 30 days of the traumatic event.
Families and friends of accident victims often focus on the physical injuries sustained in road traffic accidents, workplace incidents, or slip and fall accidents. Even the injured themselves are most likely to concentrate on recovering from their physical injuries, too.
Many personal injury solicitors acting on behalf of clients injured in accidents still focus almost entirely on the injury aspect of their client’s compensation claims. Yet, when the pain and suffering caused by the accident start to settle down, the “hidden illness”, mental illness, is often still there and may even be getting worse.
Why do some accidents cause both mental health illness and bodily injury?
We talk about accidents being traumatic events, with ‘trauma’ best described as a distressing experience. When the body is under attack, its natural response is to release cortisol and adrenaline in response to the threat. However, this response doesn’t always resolve the issue in the long term, resulting in PTSD or other stress and anxiety-based issues.
The psychological effect of accidents isn’t just limited to serious or catastrophic injuries.
A 1993 study found that even for those with minor injuries following road accidents, psychiatric symptoms were common and often lasted for 12 months or more.
Accident victims often suffer financial distress as a result of not being able to work. They may also lose their independence if they are unable to drive or walk due to the injuries sustained. Social withdrawal is common and only serves to exacerbate any mental health condition. All of these factors can adversely affect a person’s mental state.
How is psychological injury recognised in personal injury law?
English and Welsh law recognises psychological illness as an injury, particularly when the illness was caused by a traumatic event like a road traffic accident or an accident in the workplace. If the accident that ultimately caused the psychiatric illness was the fault of someone else, be that a person or an organisation (in the case, say, of an accident at work), the injured person may decide to bring a claim for personal injury compensation.
A psychiatric or psychological injury claim will only have a chance of succeeding if:
- The illness is diagnosed as a recognised mental health condition by a qualified medical expert, such as a psychiatrist or psychologist (not a GP)
- The condition was a result of the accident. Medical evidence will be required to establish “causation”; that the accident caused the mental health illness
Can a claim cover the cost of therapy and rehabilitation?
Yes, it’s possible to make claims to cover the cost of rehabilitation and therapy as separate heads of damage in the overall claim for compensation. Examples of these heads of damages include the cost of:
- Undergoing private therapy (such as CBT or EMDR)
- Medical expenses
- Specialist rehabilitation programmes
In addition, a claim for loss of earnings, both past and, in some cases, likely future losses, can be made too.
Access to mental health treatment can be a significant issue in the NHS, and it may be possible to include as part of the claim the cost of getting the treatment privately. It could even be possible to get an interim (upfront) payment if the personal injury claim is not in dispute.
How do you prove that you have a recognised psychological illness due to the accident?
If you bring a personal injury case against someone, you have to prove every aspect of your claim. In a psychological injury claim, you must prove that you have a recognised illness, such as:
- Depression
- PTSD
- Anxiety disorders
To prove that you have a recognised psychological illness, your personal injury solicitors will require you to undergo a medical assessment with a consultant psychiatrist or psychologist, who, with your permission, will have access to your medical records to assist them in preparing a medical report. If the medical report confirms you have a recognised psychological condition, not only will it be a major step forward for your case, but it will also prove to you what you are suffering from.
For anyone who finds themselves in the position of suffering from mental health issues as a result of being involved in an accident that wasn’t their fault, keeping a diary of symptoms and feelings at the time is not only a therapeutic activity, but it also holds a contemporaneous record of the early weeks after the accident. It can be helpful in evidence should a personal injury claim be brought.
Does the Type of Accident Make a Difference?
No, but some types of incidents are more frequent causes of psychological illnesses than others, including:
- Road traffic accidents, especially those involving fatalities or serious injuries, are a concern.
- Workplace accidents are prevalent in potentially high-risk industries like construction or manufacturing.
- Assaults in the workplace or public places may lead to both physical and mental trauma.
- Witnessing traumatic events. The law can recognise “secondary victims” in certain circumstances.
An example of the last point is the case of McLoughlin v O’Brian (1983). C was at home when she was informed that her husband and children had been in a serious road accident.
C rushed to the hospital, where she learned that her youngest daughter had died in the accident and saw the rest of her family covered in mud, oil and blood, in the same condition they had been in at the crash scene. As a result, she developed a psychiatric injury.
The House of Lords found in C’s favour, allowing her to bring a claim against the driver as a ‘secondary victim’ because she came upon the immediate aftermath of the accident, even though she did not see or hear the incident.
Can compensation help with recovery?
While compensation is important, it is not the ultimate solution for those suffering from psychiatric or psychological illnesses due to an accident; the primary goal should be recovery. That said, compensation from a successful personal injury claim can sometimes help make recovery happen more quickly.
As this article has already touched on, the pressures the NHS faces daily may mean a long wait for treatment, especially where mental health issues are concerned. New analyses of NHS data on mental health treatment waiting times reveal that those waiting for treatment for psychiatric illnesses are likely to wait eight times longer than those waiting for physical health care.
Compensation can help the victim of the traumatic incident get access to therapy and other treatments privately and quickly which may not be immediately available to them on the NHS.
Receiving a financial settlement from a successful claim often helps to reduce any financial stress the victim of the accident was under. Fear of financial insecurity is a factor strongly linked to poorer mental health outcomes.
Adam Mulligan, a psychology graduate from the University of Hertfordshire, has a keen interest in the fields of mental health, wellness, and lifestyle.