Psychological injuries can be just as bad as physical ones but are often misunderstood when it comes to claims. In Australia, if you’ve been injured by someone else’s negligence – whether in a public place, at work or through a traumatic event – you may be entitled to compensation.
However, many people don’t know how to lodge a public liability claim for psychological injuries and the settlements they can get. In this article, we will break it down for you in simple terms so you can navigate the world of psychological injury claims.
What is a Psychological Injury?
A psychological injury is a mental or emotional condition caused by trauma, stress or other negative experiences. This can include:
- Post-Traumatic Stress Disorder (PTSD)
- Anxiety disorders
- Depression
- Adjustment disorders
- Psychological distress due to bullying, harassment, or a traumatic event
Unlike physical injuries, which are visible and easier to diagnose, psychological injuries are more complex to prove. That’s why legal claims involving mental health conditions require strong evidence, expert opinions and a well-prepared case.
Can You Claim Compensation for Psychological Injuries?
If your psychological injury was caused by someone else’s negligence, you may be able to make a public liability claim. This type of claim is under Australian personal injury law and applies when an individual or business fails in their duty of care and causes harm.
Common situations where psychological injury claims arise include:
- Witnessing a traumatic accident in a public place
- Experiencing bullying or harassment in a business or institution
- Being involved in an incident that caused severe emotional distress
- Suffering a mental health condition due to inadequate security or safety measures
- Suffering a physical injury which leads to a significant change in lifestyle.
If your injury has impacted your daily life, ability to work, or overall well-being, you may be eligible for compensation.
Do I Need a Lawyer to Submit a Public Liability Claim for Psychological Injuries?
Public liability claims in Australia follow a process to determine if compensation is owed. While you can technically lodge a claim yourself, having an expert public liability lawyer improves your chances of success.
Steps to a Successful Psychological Injury Claim
Here’s how an expert can help you:
Step 1: Proving Negligence
To make a successful claim, you must show:
- The responsible party (business, local council or another entity) owed you a duty of care.
- They breached that duty through negligence.
- The breach caused your psychological injury.
A lawyer will gather the evidence to build a strong case. For example, if you developed PTSD after witnessing a violent attack in a shopping centre, your lawyer can get security footage, eyewitness statements and expert opinions to prove negligence.
Step 2: Gathering Medical Evidence
Psychological injuries require significant medical documentation to support a claim. A lawyer can connect you with medical professionals who specialise in psychological injuries. They will also ensure your medical reports clearly show the link between the incident and your condition.
An expert lawyer will also get testimony from psychiatrists or psychologists to strengthen your case.
Step 3: Paperwork and Deadlines
The process involves paperwork, and missing a deadline can result in your claim being rejected. A lawyer will ensure all the necessary documents are completed correctly. They will also lodge the claim on time and keep track of all correspondence with insurance companies.
Step 4: Negotiating a Fair Settlement
Insurance companies will try to minimise payouts. A lawyer will reject lowball offers and use medical evidence and legal precedents to justify a higher payout. They will also negotiate on your behalf to get you a fair settlement.
Step 5: Representing You in Court (If Necessary)
If negotiations can’t get a settlement, your lawyer will take the case to court. They will present evidence and argue your case to a judge. They will also cross-examine witnesses and challenge the defence’s arguments.
At Wyatts, we are professional public liability claims and will help every client get the maximum compensation. We will not let you get taken advantage of and increase your chances of a successful claim with a fair settlement.
How Much Compensation Can You Receive for a Psychological Injury?
The amount of compensation varies based on factors like:
- The severity of your psychological injury
- How it affects your ability to work and live normally
- The cost of medical treatments and therapy
- The circumstances of the negligence
Typically, settlements cover:
- General damages – Compensation for pain and suffering
- Economic loss – Lost wages and reduced earning capacity
- Medical expenses – Therapy, counselling, and psychiatric treatments
- Future expenses – Long-term care and treatment costs
While there’s no fixed amount, payouts for psychological injuries in public liability claims can range from $10,000 to over $200,000, depending on the severity of the case.
Seek Help from a Professional Public Liability Claim
Psychological injuries are real, and they can have a lasting impact on your life. While public liability claims for psychological injuries can be complex, understanding the process, gathering strong evidence, and seeking legal advice can make all the difference.
Don’t wait too long—time limits apply, and the sooner you act, the better your chances of a successful outcome. Contact Wyatts’ public liability claims lawyer at 1800 773 880 today or submit an enquiry form to get started.
