«Over time, I believe we will get to the point
where psychological injury arising from vicarious trauma is a well recognised work, health and safety issue.»
Not exact matches
As per the Protocol: «soft tissue
injury claim» means a claim brought by an occupant of a motor vehicle
where the significant physical
injury caused is a soft tissue
injury and includes claims
where there is a minor
psychological injury secondary in significance to the physical
injury.»
Tricia brings 15 years of experience to the Personal Injury Law Practice Group at Harrison Pensa llp
where she assists clients who have sustained physical and / or
psychological injuries as a result of motor vehicle collisions or slip and falls.
Where appropriate, we can also prove
psychological injuries and address underinsured and uninsured motorist claims.
In the latter cases the
psychological injury will be compensable on the basis of a pre-existing thin skull, except only in cases
where the
psychological problem is so dominant as a pre-existing condition and the
injuries sustained in the accident are so trivial that the accident can no longer be said to be a sufficient cause in law to support an award of damages on the basis of proximate cause.
And there are those
psychological symptoms
where the defendant's wrongful act triggers a pre-existing
psychological condition so that both the defendant's wrongful act and the pre-existing condition are causes - in - fact of the
psychological injury (Yoshikawa v. Yu).
The argument that
where there has been a significant award for
psychological injury there should be no, or a limited, award of aggravated damages — put forward in Goswell v Commissioner of Police for the Metropolis CA, 1998, unreported — has again been rejected.