From 1 July 2013 major changes were made to compensation claims for motor vehicle accidents. For motor vehicle accidents after this date, psychological and/or psychiatric injuries are only claimable if they are classified as Pure Mental Harm.

Pure Mental Harm is a legal concept that describes the mental harm that arises from the motor vehicle accident and is not a direct result of the physical injuries sustained. Examples of Pure Mental Harm include Post Traumatic Stress Disorder or nervous shock.

If you are suffering from other types of mental harm, such as Adjustment Disorder, depression or a pain disorder that is a direct result of your physical injury, this is referred to as consequential mental harm. Under the Civil Liability Regulations 2013 these would be treated as a feature of your physical injury.

To be eligible to claim compensation for pure mental harm, you need to be diagnosed and assessed by an Accredited Assessor, who will perform a GEPIC assessment. The GEPIC assessment reviews the severity of 6 specific mental functions and places them on a scale from Class 1 (normal to slight) to Class 5 (severe). Only ratings of Class 3 (moderate) or higher, are eligible for lump sum compensation.

If you have been in a motor vehicle accident and believe you may be eligible for compensation for psychological or psychiatric injuries, contact the experienced personal injury team at Hume Taylor & Co for a no obligation appointment today.

Image credit – Select Insure Group – Boat Insurance.