Not all injuries are visible.

While broken bones and physical wounds are easy to identify, psychological injuries like PTSD, anxiety and depression, are often dismissed, misunderstood or overlooked in personal injury claims.

Mental health injuries are just as real as physical ones, and the law does provide avenues for compensation.

Psychological injury claims do often face unique challenges, especially when diagnosis, documentation, and legal support are lacking.

In this article, we explore why psychological injury claims are often under appreciated, and what you need to know if you or someone you love is suffering from the mental health effects of trauma or negligence.

A psychological or psychiatric injury refers to a clinically recognised mental health condition resulting from a traumatic or negligent incident.

These injuries can arise after:

• Motor vehicle accidents
• Physical or sexual abuse
• Witnessing a traumatic event
• Fatal accidents
• Ongoing stress or trauma in unsafe environments

Examples of psychological injuries include:

• Post-Traumatic Stress Disorder (PTSD)
• Generalised Anxiety Disorder
• Major Depressive Disorder
• Adjustment disorders

In South Australia, a diagnosis from a qualified psychiatrist or psychologist is essential to pursue a legal claim for psychological injury.

There are several reasons why psychological injuries don’t always get the attention they deserve:

• No visible symptoms: Unlike physical injuries, there’s no X-ray or scan that can “prove” psychological trauma.
• Stigma and misunderstanding: Mental health issues are often minimised by insurers or employers, and even by the injured person themselves.
• Delayed onset: Symptoms of trauma such as panic attacks, nightmares or emotional detachment may appear weeks or months after the incident.
• Insurer resistance: Mental health claims are often met with scrutiny, requiring a higher burden of proof than physical injuries.

For a psychological injury to form the basis of a compensation claim in South Australia:

1. There must be a formal diagnosis by a psychiatrist.
2. The condition must be the result of another party’s negligence or wrongdoing (e.g. childhood sexual or physical abuse, motor vehicle accident, medical negligence, assault or a fatal accident).
3. It must cause a functional impairment that affects your ability to work, carry out daily tasks or maintain relationships.

General stress, sadness, or emotional upset without a recognised disorder usually isn’t enough to support a claim.

Here are some of the most common causes of psychological injury claims in South Australia:

• Motor vehicle accidents – particularly for passengers, or those who witness serious crashes or suffer serious injuries.
• Sexual or physical abuse – particularly institutional abuse, childhood trauma or family violence.
• Grief and loss from medical negligence – e.g. injuries caused by medical negligence or losing a loved one due to a misdiagnosis or surgical error.
• Public incidents or violence – being a victim of or witness to traumatic events in public spaces.
• Dog attack incidents – particularly when the dog attack involves serious injuries or scarring.

Psychiatric injury claims vary in scale, depending on the severity and impact of the condition:

• Mild injuries may result in modest compensation for pain and suffering, short-term counselling and time off work.
• Moderate injuries typically involve ongoing therapy, medication and reduced working capacity.
• Severe injuries can result in permanent disability, significant loss of income, and long-term care needs that can lead to significantly higher compensation.

For a successful psychological injury claim in South Australia, you’ll generally need:

• A psychiatric report confirming your diagnosis
• Medical records showing treatment (e.g. counselling, GP referrals, medication)
• Evidence of how the condition has impacted your life such as loss of income, breakdown of relationships or inability to work
• Witness statements or documentation linking the trauma to the incident

Compensation can cover:

• Pain and suffering
• Medical and treatment costs
• Lost income or reduced earning capacity
• Home care or support needs
• Future care and ongoing therapy

There’s no fixed payout.

Each case is assessed individually, based on the severity, duration and long-term impacts of the injury.

In most personal injury claims, the standard limitation period in South Australia is 3 years from the date of injury.

However:

• Claims for childhood sexual or serious physical abuse do not have a time limit
• Claims for children can be made up until their 21st birthday
• Total and permanent disability claims have no time limit

Always speak to a lawyer as soon as possible to protect your rights.

Our personal injury lawyers have helped hundreds of South Australians secure compensation for mental health injuries, many of whom didn’t realise they had a claim.

Our team works with trusted, trauma-informed professionals to:

• Assess and document your psychological injuries
• Connect you with psychiatric specialists for reports
• Prepare and lodge strong legal claims with insurers or courts
• Fight for the maximum compensation you’re entitled to

Psychological injuries can be just as life-changing as physical ones.

If you’ve suffered a recognised mental health condition because of someone else’s negligence or misconduct, you have legal rights, and you don’t need to suffer in silence.

We offer free claim checks and operate on a no-win, no-fee basis so get in touch to find out if you’re eligible for compensation for a psychological injury in South Australia.