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When 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.
Why psychological injury claims are different
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.
Types of psychological injury claims
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.
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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:
Anxiety
Depression
Post-Traumatic Stress Disorder
Adjustment Disorder
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.
Starting your psychological injury claim in 3 steps
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 receives $900,000 for PTSD caused by hospital negligence
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:
The type of claim you’re making.
The severity of your injuries and their impact on your daily life.
Your pre-injury income.
Your ability to work post-injury.
Your age.
The specific laws of the state where you live.
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:
Basic workers compensation entitlements
Most workers compensation claims generally include several key entitlements:
Weekly payments covering lost earnings (up to 95% of your pre-injury income).
Coverage for hospital and medical expenses.
Access to rehabilitation, counselling, and other support services.
Reimbursement for travel expenses.
Lump sum payments
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.
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:
Future lost earnings and superannuation.
Future medical expenses, treatment, and rehabilitation costs.
Your pain and suffering (how your mental health condition negatively impacts your life).
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:
Lost income: the amount of income you’ve lost due to your spinal injury. If someone else’s negligence caused the accident, you may also receive future lost income.
Pain and suffering: compensation for the physical and emotional impact of your injury.
Care and support: costs for professional care or support from family and friends, as well as compensation if you can no longer care for a dependent.
Additional costs: medical expenses, travel costs, and home or vehicle modifications. If the accident was caused by someone else’s negligence, you may also have a claim for future medical expenses.
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:
Lost income: both past and future earnings, including superannuation.
Pain and suffering: compensation for the physical and emotional toll of your injury.
Care and support: costs for professional care or support from family and friends, as well as compensation if you can no longer care for a dependent.
Additional costs: medical expenses, travel costs, and modifications to your home or vehicle.
You may receive compensation for:
Pain and suffering: compensation for the physical and emotional impact of your injury.
Lost income: any past and future earnings lost due to your psychological injury, including superannuation contributions.
Care and support: costs for professional care or assistance from family and friends, as well as compensation if you can no longer care for a dependent.
Additional expenses: medical costs, travel expenses, and necessary modifications to your home or vehicle.
How long will my claim take?
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:
How severely you’re injured.
If your injury has ‘stabilised’, meaning it’s unlikely to change with time or further treatment.
Whether the other party or insurer accepts responsibility for the incident.
Whether the insurer is offering fair compensation for your injuries.
If your claim proceeds to court.
Meet the team
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.’
Leon Monaco
Managing Partner
English, Russian
Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
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:
A duty of care existed: you must demonstrate that the responsible party owed you a duty of care. This means they had a legal obligation to ensure your safety and well-being. In some relationships, such as doctor/patient or employer/employee, this duty is inherent. In other cases, expert testimony may be needed to prove that a duty of care existed.
The duty of care was breached: you’ll need to show that the duty of care was breached through either a negligent action or failure to act. For instance, a surgical error represents a negligent act, while not providing necessary safety equipment at work is a negligent failure to act. This is assessed using the “reasonable standard of care” test, which determines whether a reasonable person in a similar situation would have acted differently.
The breach caused your psychological injury: you must prove that your psychological injury was directly caused by the other party’s breach of duty and that your injury was a foreseeable outcome of their actions or omissions.
You suffered injury and loss: you must show that you’ve experienced loss because of your psychological injury, such as medical expenses, funeral costs, lost income, financial support or domestic services.
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.
Income protection claims
If you’re temporarily unable to work because of your psychological injury, you may be eligible for an income protection claim. This typically includes:
Monthly wage-replacement payments.
Up to 75% of your usual income, including superannuation.
Payments for a specified duration, such as 2 years, 10 years, or until retirement age.
Total and Permanent Disability (TPD)
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:
Initial consultation: your lawyer will evaluate whether you have a claim, estimate your potential compensation, and assess your chances of success. At Monaco, we offer free consultations, making it easy to understand your entitlements.
Negotiations: insurers have large legal teams, and dealing with them can be daunting. With a lawyer on your side, you won’t need to face insurers directly. Your lawyer will manage all negotiations, striving for the best outcome at every stage.
Delays: Insurers may be unfair to unrepresented claimants, often delaying or denying claims on unreasonable grounds. An experienced lawyer knows how to counter these tactics, ensuring your claim is processed and approved more quickly.
Medical evidence: strong medical evidence is particularly crucial in psychological injury claims. Your lawyer will gather robust evidence to support your claim, including medical tests and expert reports. At this stage, insurers might insist on assessments by their own doctors. Your lawyer will ensure you only undergo necessary tests and will challenge any biased medical evidence presented by the insurer.
For anyone facing medical negligence issues, I highly recommend Monaco.
I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.
I would highly recommend Monaco for any cases of medical negligence.
I am forever thankful! God bless you for being there for me whenever I called.
Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.
I was completely surprised and also delighted by the outcome. Thank you so much, Monaco Compensation Lawyers. You changed my life forever; for the better. We were extremely successful and I am forever thankful. God bless this amazing team.
They were always ready to help with paperwork and answer any questions.
The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.
Easy and supportive define my experience with Monaco.
My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
They gave it their all and the result was even better than expected.
At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.
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