Psychological Injuries Can Have Long Term Effects says Metro Vancouver Personal Injury Lawyer
Psychological injuries are often approached by insurance companies with varying degrees of suspicion. These types of injuries can be difficult to prove and difficult to assess in terms of how they will ultimately affect an individual’s life. This, however, does not mean that psychological injuries are not real.
A Vancouver personal injury lawyer practicing at our firm, psychological injuries can sometimes result in individuals being much worse off than those who suffer exclusively from physical injuries. That, and the fact that psychological injuries are often compounded by physical injuries, can make these kinds of cases very complex.
As Greater Vancouver personal injury lawyer who has represented clients with various kinds of psychological issues in ICBC cases and other assault or accident cases, we know that individuals can suffer tremendously from psychological effects..
We see many clients who, along with physical injuries, also sustain psychological injuries as a result of a motor vehicle collision or other accident. Even if the physical injuries heal, some individuals continue to deal with psychological problems caused by a car crash, work-related incident, or other accident.
For some individuals, psychological injuries can have far-reaching consequences and affect every aspect of their daily lives.
Diagnosing Psychological Injuries
Only a medical professional can diagnose psychological impairments.
From a legal standpoint, a plaintiff must be able to show that his or her psychological issues were directly caused by the accident in question. The timing of psychological difficulties is not enough for the Court. Causation must be proven.
What is Causation?
Legally speaking, the principle of causation means to be able to show that one event caused something. The court must be satisfied that a tort, for instance, caused the problem in question. An individual cannot simply point to a tort – such as a motor vehicle accident – and then point to some injury which he or she has suffers from. The injury must be shown to be connected to the tort. In short, causation must be established.
To prove that an individual’s psychological injuries were caused by the accident, an medical expert’s opinion is often required. These expert opinions will outline the reason, progression, effects, resulting disability, and further treatment requirements regarding an individual’s psychological ailments.
Pre-existing conditions can be significant factors with respect to psychological injuries. Medical experts often look to the medical history of an individual when assessing causation. The court also looks to a plaintiff’s medical history to assess whether an individual was particularly susceptible to sustaining a psychological injury (what is called a “thin skull” case), or whether an individual may likely have become psychologically damaged regardless of the accident (what is called a “crumbling skull” case).
In other words, the accident may either simply have happened around the same time that the psychological problems began and as a result it may have only been a coincidence that the psychological issues began at the same time, or the accident may have in fact caused the psychological problems (i.e. if the accident hadn’t happened, the psychological problems would not have happened).
The issue of causation needs to be properly dealt with when dealing with psychological injuries. Legal professionals know what to look for and which medical opinions are necessary to establish causation.
Getting Treatment is Crucial
Getting treatment for psychological injuries should be the number one priority for those suffering psychologically after a car crash.
In fact, many people let psychological injuries go untreated. This can be a big mistake. It’s important to be proactive in all aspects of an individual’s injuries stemming from an accident. The quicker such injuries get treated, the quicker an individual can either recover completely, or adjust appropriately to any limitations they may face as a result of their injuries. In addition, the quicker that psychological injuries are dealt with, the better the chance that causation can be properly established.
See a Greater Vancouver Personal Injury Lawyer If You’ve Sustained Psychological Injuries
Make sure you get legal help if you’re dealing with, or suspect that you may have sustained psychological injuries following an accident. A Vancouver personal injury lawyer can deal with insurers such as ICBC or another insurance company or defendant when making a claim for psychological injuries. In particular, a legal professional will be able to steer an individual to the appropriate type of medical treatment provider, and will be able to assess the strength of the claim. Any legal questions you may have can also be answered.
Making sure you contact a Greater Vancouver personal injury lawyer is one of the first steps you need to take on your road to recovering your life. Don’t delay. Call us toll free at 1-855-283-0003 today to schedule a free consultation.