Psychological harm: How it is assessed and what compensation you are entitled to

What is psychological harm and when does it occur?

Psychological harm is an interference with a person’s mental and emotional sphere. It is most often manifested by anxiety, prolonged stress, sleep disturbance, fear, loss of zest for life or the onset of mental illness. This may include, for example, post-traumatic stress disorder, panic attacks, depressive syndrome or other mental health problems that the victim did not have before the event. These conditions can significantly affect not only health but also the ability to work, care for family or function normally.

Psychological harm most often occurs after a serious car accident, not only for the injured, but also for witnesses or survivors, in criminal offences, especially those of a violent or sexual nature, and after medical malpractice that leads to stress, insecurity or fear for their lives, in the event of bullying, mobbing and bossing in the workplace, in the context of a workplace accident or unsafe working environment, or in the event of an interference with personal rights, such as unwarranted media coverage or invasion of privacy.

The key is that the psychological harm in a particular case must be sufficiently proven, which is usually done through medical reports and expert opinion in the case of personal injury, while in some non-pecuniary injuries a medical diagnosis is not necessary.

How to prove psychological harm and what is needed to obtain compensation

One of the most common myths is that psychological harm cannot be proven. In reality, it relies on expert reports, medical records and the course of treatment to describe exactly how the event affected the victim’s psyche. The first step is always to see a specialist – a psychiatrist or clinical psychologist. The diagnosis and treatment recommendations are an important basis for further evidence, but do not in themselves give rise to a claim for compensation and must be considered in relation to the cause of the injury.

Evidence usually includes medical reports describing the symptoms, their intensity and their development over time. They are essential for compensation for psychological injury. In litigation, an expert is appointed to determine the severity and consequences of the psychological injury. The expert’s opinion carries very high legal weight. Family, colleagues or friends as witnesses can often confirm a change in behaviour, limitations in everyday life or a deterioration in the psychological state. Last but not least, documentation of the event, such as a police report, a work accident report or medical documentation after a car accident, is also needed.

The better the psychological injury is documented, the better the chances of receiving adequate financial compensation for the psychological injury. If there has been a deterioration of the psychological condition that is permanent, the claims increase significantly.

How much is compensation for psychological harm

In contrast to the previous decree, the amount of compensation for psychological harm is now determined individually – according to the severity of the consequences, the extent of the interference with life and the intensity of the suffering. This means that each case is considered on its own merits and the courts have more leeway to determine the appropriate amount.

The duration of the psychological distress, the intensity of the mental suffering, the need for long-term treatment or hospitalisation, the impact on working life and earning capacity, the restrictions on social and family life and the lasting effects on mental health are all taken into account when determining compensation.

In practice, the amounts can range widely:

• mild mental health problems: tens of thousands of crowns,
• moderate difficulties (anxiety, depression after trauma): hundreds of thousands of crowns,
• severe and long-term psychological harm: hundreds of thousands to millions of crowns,
• post-traumatic stress disorder: often in the higher hundreds of thousands to millions, depending on the severity and lasting effects.

Importantly, compensation covers not only the pain itself, but also the restriction of activities, the impact on relationships, work, the ability to function or the need for long-term therapy.

If the victim has also suffered a physical injury, the two injuries are added together and the resulting amount can be very high. Survivors of the victim of a tragic event are a special category. For them, compensation for mental anguish is usually higher due to the extraordinary scale of the intervention.

Compensation for post-traumatic stress disorder

PTSD is one of the most common forms of psychological injury following extremely stressful or traumatic events. It manifests itself in vivid memories, nightmares, avoidant behavior, persistent tension, or a significant decline in quality of life. In legal practice, post-traumatic stress disorder is often considered to be one of the most serious consequences of psychological harm, and the amount of compensation corresponds to this.

In order to claim compensation for post-traumatic stress disorder, a diagnosis must be made by a specialist according to international diagnostic criteria. The legal representative will subsequently provide evidence of:

• the extent of the limitations caused by the PTSD,
• the length and difficulty of the treatment,
• the impact on working and social life,
• any permanent consequences,
• the link between the trauma and the development of the difficulties.

In practice, PTSD is often dealt with not only as a lump sum, but also as compensation for loss of earnings, costs of treatment or psychotherapy, impairment of social life and other non-pecuniary damage under the Civil Code.

The more extensive the impact of PTSD on the victim’s life, the higher the resulting financial compensation for psychological harm.

Summary

Psychological harm is a demonstrable impairment of mental health which may arise following a car accident, crime, work injury, bullying, medical misconduct or interference with personal rights and is manifested by anxiety, stress, sleep disturbance, depression or post-traumatic stress disorder. A claim for compensation for mental distress arises if the injury is documented by professional documentation – reports by a psychiatrist or psychologist, or expert opinion, witness statements and documentation of the event. The amount of compensation for psychological harm is determined individually according to the severity of the consequences, the length and intensity of the difficulties, the impact on work, family and social life and the lasting effects; the amounts range from tens of thousands of crowns to millions, especially in the case of severe conditions and PTSD. In the case of post-traumatic stress disorder, the costs of treatment, loss of earnings and impairment of social life are usually also assessed. Compensation may be paid by the insurance company, the employer or the person responsible for the injury, while the state provides financial assistance only in special cases provided for by law.