Accident Victims who suffer from Depression

A recent study by Canada's Institute for Work and Health reports that whiplash suffered during traffic accidents can often lead to depression. Whiplash and other injuries sustained as the result of motor vehicle accidents can also exacerbate existing mental health issues. Accident victims suffering from chronic pain, in particular, commonly report ongoing mental health issues such as depression and post-traumatic stress disorder (PTSD).

Out of the 5000 accident victims surveyed in the Canadian study, about 40% developed symptoms of depression within six weeks of their accident. Another 20% developed symptoms within a year. Those with a history of mental health issues reported that the accident caused their mental health to worsen. In addition to the victims of accidents claiming mental health issues arising from motor vehicle accidents, the parties who were found responsible and at times negligent for causing an accident also report mental health problems and sometimes file lawsuits of their own.

Claims for Psychological Injuries sometimes arise from unexpected Sources

Psychological trauma litigation is a complex subject that until recently garnered little media attention. Seemingly outrageous court cases involving individuals who many of us would not perceive as 'innocent victims', however, have recently brought additional attention to this subject.

While driving on a rural Ontario road, an Ontario woman crashed into three teen-aged boys as they were cycling to a nearby store one evening, which resulted in fatal injuries to one of the cyclists and serious injuries to another. The woman subsequently filed a million-dollar lawsuit claiming that she was psychologically damaged by the accident which she alleges was caused by the negligence of the bicycle riders and their failure to practice adequate safety precautions such as wearing a helmet and obeying traffic laws.

A grocer in Calgary was sued by a woman who was previously banned from the grocery store, having been found guilty of shoplifting there. The woman is suing the store for $8 million claiming that her resultant jail time caused her family dishonour and led to her husband's suicide.

In Prince Albert, Saskatchewan, a recent Macleans article reported that five prison inmates serving time for murder, sexual assault and home invasion, sued the federal government for damages due to uncomfortable detention, claiming lack of sunlight, lack of access to a barber, inadequate library services, and sleep deprivation resulted in “nervous shock” and “constantly being overwhelmed with hopelessness and erosion of self-worth.”

Psychological Injuries such as Depression have significant Impact on Accident Victim's Lives

Medical practitioners and the courts increasingly recognize and understand that depression associated with PTSD or other injuries and arising from an accident, can have a devastating impact on the life of the accident victim. Sufferers commonly have difficulty sleeping and concentrating on activities that they were previously able to do.  Depression can interfere with the ability to work, perform cognitive tasks and interact in social situations.  Many victims of depression find that it affects their marriage, family relationships and friendships.

Both depression and PTSD are psychological conditions that often stem from a traumatic life event, including a car accident that results in serious injury or death to another person. Not unlike physical injuries, when an accident victim experiences a psychological injury or mental conditions that affect their ability to function as they did prior to their accident, they are entitled to seek damages from the negligent party responsible for their accident and injury.  Damages may include but are not limited to: pain and suffering, medical and rehabilitation expenses, and loss of income.

Although we are increasingly aware that PTSD can be caused by motor vehicle accidents, it has for some time been recognized that a frequent cause of PTSD is war-related trauma for men and women deployed in the military. As many as 10% of Canadian servicemen and women returning from service in Afghanistan are claiming to suffer from PTSD. Although prohibited from suing the government, the military is honouring permanent disability claims for soldiers suffering from the condition.

PTSD and depression are not limited to a single trauma victim. Parents and loved ones can experience serious psychological symptoms due to the loss of a child or family member in a traumatic accident.  As well as the person who actually suffered injuries in an accident, even people who caused accidents can suffer from depression as a result.

Sources:

http://www.macleans.ca/society/health/lawsuits-for-mental-pain-on-the-upswing/

https://www.iwh.on.ca/highlights/whiplash-after-traffic-accidents-can-lead-to-depression