Psychological injuries and psychiatric injuries, by their very nature, are completely different to physical injuries and the ensuing compensation claims are generally more factually and legally complex.
Most often the circumstances under which a psychological injury has resulted arise out of years of exposure to traumatic and life-threatening incidents. These circumstances alone make for complicated factual investigations and require very careful consideration. Legally, complexity arises not only out of these circumstances but also due to factors such as proving causation (basically that the exposure caused the injury), being able to successfully strategize and argue that the three-year limitation period should be extended, and overcoming certain specific legislative thresholds in respect of injury, below which an injured person cannot claim compensation.
Another consideration in respect of compensation and TPD claims arising from psychiatric and psychological injury involves the responses from employers (such as the New South Wales Police Force and other large institutions) and insurers of these type of claims. Unfortunately, there is an unfounded perception and stigma surrounding psychological injury, which seeks to downplay the seriousness of the injury and often the veracity of the claim.
John Cox has over 21 years practising in this field and representing psychiatrically and psychologically injured plaintiffs. In fact, his very first case as a young solicitor involved a mother who was a victim of violent crime, and who developed severe chronic post-traumatic stress disorder (PTSD). Not necessarily by choice, John has developed an expertise in this area of law and is passionate about pursuing these claims and obtaining maximum compensation for his clients. He believes that mental health and mental illness injury needs to be viewed by society in a holistic manner, recognising that mental health is as important (and sometimes more important) as an individual’s physical well-being. With this in mind, John and the practice are socially active in addressing these issues in seeking to influence social change of the cultural responses to psychological injuries and ensuing compensation claims.
There are many lawyers practising in the personal injury field. There are a few however who have extensive experience in this very niche area and who specialise almost exclusively in it. John Cox is not only accredited by the Law Society of New South Wales as an Accredited Specialist in Personal Injury law, but spent a significant period of his 21 years in practice pursuing claims for psychiatric and psychological injuries, and at this stage of his career, this has become the focus of his work.
In short, these claims are complex both factually and legally and it is important that you are represented by a lawyer with experience, expertise and the empathy to assist you through this difficult time.