Relatively minor injuries from motor vehicle accidents can trigger mental health issues. Unfortunately, in my practice, I have seen several of these triggers, including:
- Depressed mood caused by an inability to participate in leisure, social, and physical activities;
- Unemployment and financial distress;
- Changes to appearance, lifestyle, and self-image;
- Side effects from medication prescribed to deal with pain and anxiety; and
- Post traumatic stress disorder (PTSD) and anxiety from the traumatic nature of the accident itself.
Some people may have latent mental health issues or have existing issues that are worsened by a motor vehicle accident and its resulting pain and disability. It is a common misconception that people with existing issues cannot claim compensation for a trigger or aggravation of an existing issue. However, the exact opposite is true. The courts often compensate people not only for the extra pain and suffering but make allowances for extra psychological treatment, as in this Supreme Court of British Columbia case:
http://www.canlii.org/en/bc/bcsc/doc/2009/2009bcsc1387/2009bcsc1387.html
This case illustrates the importance of coordinating competent medical and legal treatment when pursuing legal compensation. It remains up to the injured party to prove their case and prove that an accident did indeed cause or aggravate mental health issues. This case also illustrates the long-standing legal principle that a person has the right to compensation that will put them in the position they were prior to their injury, regardless of any pre-existing conditions physical or mental.
