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Is mental harm claimable?

  • You can claim for mental harm but damages will generally only be awarded where:
    • the mental harm is incidental to another physical or psychiatric injury such as when you suffer depression because your physical injuries prevent you from being able to work or socialise; and
    • the mental harm can be characterised as a recognised psychiatric illness.
  • Pure mental harm such as stress or emotional turmoil will not be enough to attract a claim for damages.
  • You can use our LegalPlan™ membership to ask lawyers for tenders or a Fixed fee Quote in relation to your medical negligence needs.