Emotional distress and stress compensation payouts in QLD
Psychological injuries and emotional distress can be a major factor in the recovery of a personal injury claim.
It could be that you suffered a psychological injury at work, such as bullying, and had to take stress leave. Maybe you are suffering emotional distress having witnessed or experienced a violent act or injury.
If so, then it’s likely you may have a case for compensation. Common law claims for psychological injuries can be an important step to help you get your life back on track.
If you have been affected by psychological stress then you’re welcome to call us for help, or feel free to chat, or email. We can help you start a claim for a stress compensation payout or you can review the most commonly asked questions below.
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How much can I sue for emotional distress? Find out with our psychological compensation calculator
Any type of psychological injury such as workplace stress or Post Traumatic Stress Disorder can have a devastating impact on your quality of life. If you are considering making a common law claim for a psychological injury, it can be helpful to know the amount of money you could receive to assist with your recovery.
We have an industry leading psychological stress Compensation Calculator that you can use to see how much your emotional distress claim could be worth. Compensation payouts for psychological injuries will generally consider medical expenses, loss of earnings, pain and suffering, and a range of other damages.
Frequently asked questions about emotional distress injury compensation claims
Emotional distress damages are monetary damages that are designed to compensate you for the psychological impact of your injury on your daily life, which can be just as debilitating as physical injuries.
There is a long and varied list of mental health conditions that can fall under the umbrella of emotional distress, including depression, weeping, humiliation and fright.
Emotional trauma is a very subjective type of damage and can change from one person to the other, and a hard and fast definition does not really exist.
Yes, very much so.
If you were injured and filed a successful lawsuit, you may be able to obtain compensation for pain and suffering (in addition to economic and other damages) related to your injuries.
The amount and availability of non-economic damages such as emotional distress differs depending on the nature of the injury and the jurisdiction in which your lawsuit is filed.
Even if you didn’t file a lawsuit for your injuries, you can negotiate a settlement with an insurance provider that includes emotional distress damages.
Whether it’s on your phone, a notepad or in a diary, it’s recommended that you keep a journal documenting what you’re feeling in light of the accident and the injury, and the ways in which your life has been affected.
For example, if you are experiencing issues with your mental health in the workplace then it is essential that you document exactly what happened, when the incident occurred, and who was involved to help prove your compensation claim for work stress injuries.
Having more evidence about your emotional trauma and distress gives you a stronger claim and higher chances of your recovery.
Emotional distress that has been medically documented is a powerful tool for making a compensation claim.
If you are seeking medical treatment, it is likely that your injuries have reached a level where you will be able to make a claim for a stress compensation payout.
You need to tell your doctor about any psychological stress symptoms you’ve been experiencing since an accident to help prove your case for compensation.
Yes, it matters. Everyone experiences a certain level of emotional distress after an injury.
The severity of the distress you are experiencing has a direct impact on your recovery potential, and there may be long term effects which can impact your life for years to come.
As a result, it is important that these feelings are documented through a medical provider.
You will need to prove the ongoing psychological stress that you have suffered.
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You have to show how the psychological stress affects your daily life and how it is directly related to the injury that you experienced.
Whilst people with pre-existing psychological conditions are not exempted from claiming, it is still best to show that the distress did not occur before the injury.
There will be instances that you may want to make a separate claim for the intentional infliction of emotional distress.
Whilst not as common as simple claims, there are cases, such as motor vehicle negligence cases and workplace mental health claims, where you can prove that the other party is negligent in intentionally causing you emotional distress and physical harm.
Road rage cases are a perfect example for a separate emotional distress claim.
Different states and territories have different limits on how much to pay for non-economic damages, including emotional distress.
These are affected by various factors such as the severity of the injury, the type of case, and the particular laws of jurisdiction.
In no-fault states, all non-economic damages are subjected to statutory caps.
You can use our mental health Compensation Calculator for a better understanding of how much your emotional distress claim could be worth or contact us for a free claim assessment.
The more intense your mental anguish, the better are your chances of proving that your emotional distress is severe and deserves compensation.
- Intensity : For cases such as intentional infliction, intensity is usually accompanied by some sort of physical harm.
- Duration : Post traumatic stress which has persistent and recurring pain that stays with you for a long period of time also helps prove emotional distress claims.
- Related Bodily Harm : Though it may be difficult to point out evidence of emotional distress, in some circumstances you can provide evidence of related bodily injuries such as headaches, ulcers, or other physical signs.
- Underlying cause : The more severe the underlying cause of the distress, the more likely that the court will find an emotional distress.
- Doctor’s certificate or report : This should be provided to support every claim.These methods should be incorporated together to prove the claim.
More psychological compensation claim links
How much compensation did other people get awarded for their injuries?
To help you understand more how much other people were awarded for their compensation claims, (who may have similar injuries to you) we pulled together some helpful, real life personal injury payout examples..
These include compensation for injury at work as well as car accident injuries, workplace injury and slips, trips and falls. You may have suffered an injury that means that you can’t return to work. We assess the type of injury that you have suffered and will look at current medical reports, the costs of your future medical treatment, along with important factors such as whether you are left with a total and permanent disability.
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