Ebony had a history of mental illness and had tragically attempted suicide multiple times. After an attempted valium overdose, the hospital released Ebony into the care of...
Read moreWhen people think of personal injury claims, they usually think of physical injuries. But these days, psychological injury claims are becoming much more common.
If you’ve developed a psychological injury, don’t suffer in silence. We can help you file a psychological injury claim and secure the compensation you need.
Unlike physical injuries, which can be proven with tests, scans, and photos, psychological injuries rely heavily on personal stories. This makes them more subjective, and unfortunately, insurers are more likely to challenge them.
To win a psychological injury claim, you need a lawyer who really gets your story, background, and medical history. They need to clearly explain your situation and make a strong case to the insurer, as the strength of your claim hinges on how consistent your story and symptoms are.
Our lawyers are not just skilled at presenting psychological injury cases to insurers; we also dive deep into your claim to find and fix any potential weak spots. This thorough approach helps us anticipate and counter any challenges from insurers, giving your claim the best shot at success.
For over 25 years, we’ve guided Australians through successful psychological injury claims. The most common types include:
This list covers some of the most frequent cases we handle, but many other situations could entitle you to compensation. If you’ve experienced a psychological injury from a road accident, workplace incident, or someone else’s negligence, contact us today.
With decades of experience in both psychological conditions and law, our team is uniquely equipped to manage your claim. Our resources include Australia’s largest network of medical experts, providing strong evidence to bolster your case. Over the years, we’ve successfully finalised hundreds of psychological injury claims.
Find out if you’re eligible for a spinal injury claim today.
Any psychological injury that develops because of a road accident, work, or someone else’s negligence may qualify for a claim. This also includes situations where your existing condition is exacerbated by work, an accident, or negligence.
The most common psychological injuries you can claim for include:
It’s crucial to seek help and treatment if you’re dealing with a psychological injury. The Black Dog Institute offers invaluable resources for those experiencing depression, anxiety, and other psychological injuries.
If you need medical treatment, home assistance, or financial support while you’re unable to work, our dedicated lawyers are here to help. We’ll secure the financial assistance you need, allowing you to focus on your recovery.
If you’ve developed a psychological injury, follow these steps to get the medical and financial support you need:
Consult a mental health professional like a psychiatrist, psychologist, or counsellor. They can diagnose your condition, recommend treatment, and provide a medical certificate, which is vital for your claim. Make sure the certificate clearly states a diagnosis of anxiety, depression, or another recognised psychological condition. Unfortunately, it’s not enough to simply be diagnosed with ‘stress’.
Keep a detailed record of your symptoms, their impact on your daily life, and any related incidents. This documentation is vital for supporting your claim.
Reach out to a lawyer experienced in psychological injury claims. They can clarify your rights, explain the claims process, and estimate potential compensation. They will also help gather medical evidence and negotiate with insurers on your behalf, ensuring you receive the best outcome.
Lily’s husband, Albert, went to the hospital complaining of calf pain and shortness of breath but was quickly sent home. When he returned the next day with the same symptoms, tests revealed a major blood clot and strain on his heart. Sadly, Albert suffered a heart attack and passed away shortly after. Devastated by her husband's sudden death, Lily developed severe depression and PTSD.
Our medical negligence team used expert testimony to demonstrate that if the hospital had conducted the right investigations, Albert’s death could have been prevented. We also proved that Lily’s psychological condition was directly caused by the hospital's negligence. Ultimately, Lily's case was settled in mediation for $900,000.
The compensation you receive for a psychological injury claim can vary widely based on several factors, including:
For example, if your injuries are minor and you only need a short recovery period, you might receive weekly payments to cover lost wages and medical expenses. However, if your injuries are severe and you’re unable to return to work, you could be entitled to a substantial lump sum payment.
Below, we break down how compensation is calculated for the most common types of psychological injury claims:
There are three main types of compensation you can receive for a work-related psychological injury:
Most workers compensation claims generally include several key entitlements:
If your injury is permanent, you might be eligible for an additional lump sum payment.
In most states, this requires an assessment of your Whole Person Impairment (WPI), which is the percentage of total impairment resulting from your injury. The lump sum you receive is based on your WPI, and you generally need to meet a minimum threshold to qualify for the claim.
For detailed information on lump sum payments and the specific requirements in your state, refer to our guide to workers compensation claims for permanent impairment.
If your psychological injury is directly caused by your employer’s negligence, you might be eligible for a common law damages claim.
These claims can result in substantial lump sum payouts, often reaching hundreds of thousands or even millions of dollars.
On top of your basic workers compensation benefits, your compensation may also cover:
Compensation for a motor accident claim depends on factors like your state, the severity of your condition, and whether you were at fault in the accident.
Depending on your situation, your compensation may cover:
For detailed information on potential compensation amounts, check out our comprehensive guide on motor accident claims.
Compensation for medical negligence claims varies widely based on the specifics of each case. While some claims might settle between $100,000 and $200,000, others can exceed $10 million.
Importantly, your compensation covers more than just economic loss; it also addresses the broader impact of your injury. This may include:
You may receive compensation for:
Every psychological injury claim is different, so there’s no set time that a claim takes to resolve. Some are finalised in as little as three months, while extremely complex negligence cases can take a few years. As a general rule, most psychological injury claims are resolved in 6 – 18 months.
The exact amount of time will depend on several factors, including:
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
The cost of your claim varies depending on its complexity and duration, but our genuine No Win No Fee guarantee ensures you’re always protected:
Yes, you may be eligible to claim compensation for a psychological injury that arises from a physical injury. However, the physical injury must also directly result from a road accident, work incident or someone else’s negligence.
This type of psychological injury, often referred to as a ‘secondary injury,’ is quite common. When individuals suffer physical injuries or debilitation, the resulting pain and loss can lead to conditions such as depression and anxiety. These mental health challenges can significantly affect a person’s ability to recover and return to work.
It’s essential to promptly inform your doctor, psychiatrist, and employer if you experience any secondary psychological symptoms due to a physical injury. This ensures that your claim fully addresses both your physical and psychological issues.
You can still make a psychological injury claim even if you had a pre-existing condition before the incident. This might be a separate condition from the one caused by your workplace, the accident, or negligence, or your existing condition might have worsened due to the incident.
In either case, the ‘egg-shell skull rule’ applies. This rule means that your employer is responsible for the full extent of your injury, loss, and damage, even if a reasonable person might not have experienced such severe harm from the same situation.
To prove negligence in a psychological injury claim, you must establish four key elements:
Yes, you could have multiple claims for the same psychological injury. Your exact entitlements depend on your state, how severely you’re injured, and whether you’re able to return to work.
As part of our comprehensive service, we identify all potential claims you may have. Over the years, we’ve found that the vast majority of our psychological injury clients are entitled to additional claims, often worth significantly more than their initial claim alone.
If you’re temporarily unable to work because of your psychological injury, you may be eligible for an income protection claim. This typically includes:
If your psychological injury permanently prevents you from returning to work, you may qualify for a Total and Permanent Disability (TPD) claim. Unlike income protection payments, a TPD benefit provides a substantial lump sum designed to support you for life. This coverage is often included in superannuation policies, so you might already have this insurance without even realising it.
While you can make a psychological injury claim on your own, we highly recommend seeking expert legal advice before starting. Psychological injury claims are notoriously complex, and without an experienced lawyer, you might not receive the full compensation you deserve.
A psychological injury lawyer can assist with every stage of your claim, including:
When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.
Our lawyers have over 25 years’ experience handling psychological injury claims. As part of our comprehensive service, we’ll always:
Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.