Taken from Lawline.com’s CLE program entitled “Disorder in the Court: Understanding Personal Psychological Injury” with Dr. Mark Lerner and Sigalle Barness.
When considering psychological injury, there is confusion today between traumatic stress and Post-traumatic Stress Disorder (PTSD). The former is a normal response to an abnormal event. The latter (PTSD) is a serious psychiatric disorder whereby an individual’s ability to function is significantly impaired. Regardless whether a client is experiencing a traumatic stress reaction or PTSD, there may very well be other psychological problems/disorders in evidence (e.g., anxiety, depression, anger, etc.).
It is critical when addressing the needs of clients in personal injury cases to determine whether an individual is grappling with a psychological injury and functional impairment. While monetary compensation may never be enough for psychological damages, it is incumbent upon attorneys to see to it that proven irresponsible acts of another person will pay for rehabilitation and ongoing mental health care for individuals who are “psychologically broken.”