In legal terms, psychological injury is defined as mental harm, damage, impairment, suffering or dysfunction which is caused to a person (victim) as a direct result of an action or failure to act.
Psychological injury exists only if it reaches a certain degree, meaning that it has to interfere in a significant level with the victim’s ability to properly function, compared to the level of functioning of the victim before the action that caused the injury. If this is the case, the victim (the person who suffered the injury) has the possibility to seek compensation and/or damages legally.
Any psychological or psychiatric conditions which is connected to an action or a failure to act that has lead, or may have lead, to a suit in front of a court of law or any other legal action, such as workers compensation, disability benefits claims and other disability cases. Events like car accidents and other negligent actions can lead to claimable injuries which can have disorders, disabilities and impairments as a consequence.
PTSD, or Posttraumatic Stress Disorder and TBI, or Traumatic Brain Injury, as well as chronic pains, concussions, mood or emotional type of disorder (such as anxiety, phobia, depression etc.) can also be a psychological injury. The injured person (or the victim) then, if he or she chooses to seek legal protection, becomes the plaintiff, initiating legal action in order to reach compensation against the responsible party, which is the person who caused the injury.
In order to establish the existence of psychological injury, trained professionals – psychologists and other mental health professionals – must be well trained both in psychological and legal matters. If these professionals fail to perform and do not present comprehensive and impartial reports, suffer the risk of having their report discarded. Also, they have to be able to establish the connection between the existing mental health condition and the one which came as a cause of injury, to be able to establish the causal connection between them.
Existing conditions may be worsened by new injury or completely new disorders and disabilities can arise as a result of injury. For further info visit useful website.