By Jonathan Vallano
Mental and emotional distress is experienced by many individuals at some point in their lives.[1] Therefore, it should come as no surprise that psychological injury can, and does, result from many forms of negligent conduct. In some cases, this negligent conduct may come in the form of a car accident that leads to post-traumatic stress disorder (PTSD), a slip and fall that initiates a chain of panic attacks, or domestic abuse that results in debilitating depression. Despite the difficulty of raising these claims in court,[2] these injuries are frequently adduced by plaintiffs for compensation. Many plaintiffs’ attorneys will readily endorse the notion that succeeding on a psychological injury claim before or at trial is extremely difficult: and they may have a point (much to defense attorneys’ satisfaction). This post discusses what we know about psychological injury claims and how they are perceived and handled by legal decision-makers, as well as suggestions for litigators (both plaintiff and defense attorneys) to deal with these claims before and during trial.