Personal injury claims go beyond the physical

The reason for my sharing those moments is because it reminds me of the true aftermath of an accident. By the time that I am normally instructed to defend a personal injury claim, the events are more of a memory. My purpose is to arrive at a conclusion to the claim process with a resolution.

For anyone who has made a claim, the questions asked can be invasive. Whilst the assessment of liability requires investigation, when it comes to quantification, we seek to recover medical records and put to test the claim being made. This is not to “catch people out” but rather to challenge and assess the real impact of an accident if our client is liable. If one claims for an injured back, to what extent did the accident contribute to that injury?

Where there is liability, the aim of the process is to put the claimant in the same position as they were prior to the accident and compensate them to the extent that they are not. This can result in payments for injury, loss of earnings, care required, services and so forth.

One element of many claims is the psychological impact of the accident on the injured party. Assessed by reference to the Diagnostic and Statistical Manual of Mental Disorders, the extent of injury is then converted across to a value according to court decisions. If found liable, then we will often make further compensation to pay for treatment. This might include Cognitive Behavioural Therapy or other forms of treatment.

Just over two years ago I had a bad accident. There was a roof, a chainsaw, a tree and a fall. I was very fortunate but even repeating the details of that accident is uncomfortable. With regards to the physical injury, two millimetres can make a massive difference when it comes to spinal damage but with the incredible NHS, physiotherapy, and other help, I have made a reasonable recovery. What surprised me in the aftermath was the mental toll. Flashbacks, the physical response to heights, the emotional response to various triggers to name but a few were commonplace.

The morning after I was operated on, I spoke to my sister who happens to be a psychiatrist. I told her what had happened and the turmoil I was in. In those moments she gave me the best advice she has ever given me. “Tell the story”. If we can learn anything from the past, not talking about things is not good for you. Tell the story and make it part of your recovery. That is what I did, and I firmly believe that it helped me recover along with all the physical therapy.

With campaigns under way such as “Get Britain Talking”and the “Time to Talk Day” which took place at the start of February, it struck me that when we do compensate claimants for a psychological injury, I hope that they do seek that help as it will help them recover and feel better and be put back into the position they were before the accident. That is what the legal process should be doing and what we can do to help ourselves and each other.

Rory Jackson is a Partner, Kennedys