EWJ June 2024 web - Journal - Page 55
Understanding Compensation
Claims for Post Traumatic
Stress Disorder
by Alessandra Paduano
The consequences of post-traumatic stress disorder
(“PTSD”) have been known for centuries, mainly
recognised as arising in a combat situation. Identified
by varying names from shell shock and battle fatigue
to vent du boulet (cannonball wind) in the Napoleonic
wars and soldiers-heart in the American Civil War.
Duty of Care
The claimant must be able to demonstrate that an accident was caused by the negligent or intentional actions of another party.
• Workplace accident
An accident at work would nearly always place the
employer in the position of having been negligent,
particularly if the hazard was clear, as they would have
failed in their duty of care, unless the injured party
did not comply with safety regulations.An employer
that fails to provide a safe working environment by
acting negligently or recklessly would be liable.
In the modern world this serious mental health
condition is far better understood. There are many
extreme situations that can deliver PTSD as a consequence. In the majority of cases the individual endures a violent incident such as a major accident whilst
travelling by road, sea or air, a violent assault or a lifethreatening event. Even witnessing such an event can
cause this debilitating condition, especially in children
and young people.
• Vehicle accident
If a vehicle is poorly maintained, especially in circumstances where any kind of weakness in its structure or
in the fabric of the vehicle would almost always result
in a catestrophic accident, for example an aeroplane,
the liability is clear. Also, if the operator of the vehicle,
a sea captain, pilot or train engineer, was reckless in
their control of the vehicle.
An important factor when considering taking legal
action to obtain compensation for PTDS is the time
limits under The Limitation Act (1980). Claimants
in personal injury wishing to make a claim must start
legal proceeding within three years of when the traumatic event occurred or the date that the claimant became aware of their PTSD attributed to the event. The
case does not have to conclude within three year and
matters can and often do continue beyond three
years.
• Medical Negligence
Healthcare professionals have a duty to provide a high
level of care to their patients. Medical accidents can
arise from misdiagnosis, surgical errors, medication
errors, or failure to obtain informed consent. The
actions amount to neglect and should have been
avoidable.
A survivor of traumatic event may eventually recover
from any physical injuries but if PTSD manifests itself,
in some cases it can life-limiting. Giambrone & Partners’ personal injury lawyers have a wealth of experience in assisting clients to obtain compensation in
complex personal injury cases where the event resulted not only in physical injuries but has also caused
PTSD.
• Product Liability
Manufacturers have a duty to ensure their products
are safe for consumers. Accidents may occur due to
defective products, inadequate warnings, or failure to
provide proper instructions for use.
• Sporting Accidents
Organisers of sporting events, coaches, and the owners of the facilities owe a duty of care to participants.Inadequate supervision, poor maintenance, lack
of safety equipment or a slack attitude to rules aimed
at safety.
Alessandra Paduano commented “to some extent,
despite greater knowledge related to PTSD, it still remains a
little-understood condition in some quarters, especially if the
sufferer witnessed rather than experienced the ordeal. This
can make claims against the perpetrator or organisation challenging to pursue. Compensation claims for PTSD are typically pursued through the civil court system, the eligibility
criteria requires the claimant to be able to demonstrate that
their condition has a clear link to the event. Also, that the event
was caused by the negligent or intentional actions of another
party.”
• Environmental Risks
Entities and Authorities with responsibility for environmental safety owe a duty to prevent harm to the
environment and to public health.Pollution, hazardous waste spills, or industrial accidents can occur as
a result of breaches of duty.
There are various contingencies to be met when
considering a claim for compensation, depending on
the nature of the event.
EXPERT WITNESS JOURNAL
Once the defendant's breach of duty directly has been
established as the cause the claimant's PTSD, the process of pursuing a compensation claim for PTSD can
begin. Central to a successful PTSD compensation
53
JUNE 2024