Overview

This webinar provides a detailed and practical examination of how courts assess damages for psychiatric injury, and how such awards compare with those for physical injury. While both fall under general damages for pain and suffering, psychiatric harm presents distinct evidential and legal challenges that practitioners must understand to effectively advance or defend claims.

The session explores the threshold for recoverable psychiatric injury, including the distinction between recognised conditions and ordinary emotional distress. It considers how courts quantify such injuries, the role of expert evidence, and the relevance of guideline authorities. Particular focus is given to complex claims involving multiple injuries—both psychiatric and physical—and how courts avoid double recovery while ensuring fair compensation.

The webinar also addresses causation issues, including difficulties in linking psychiatric harm to specific events, and examines claims arising in sensitive contexts such as sexual abuse, workplace stress, and “bystander” or secondary victim cases in fatal accidents.

Drawing on recent case law, the session highlights the factors that may increase or reduce awards, and provides practical checklists to assist practitioners in evaluating and presenting claims. Overall, it equips litigators with a clear, working understanding of how courts approach psychiatric injury within the broader framework of personal injury damages.

Learning Objectives

By the end of this webinar, participants will be able to:

• Understand how damages for psychiatric injury compare to those for physical injury
• Identify what constitutes a legally recognisable psychiatric injury for the purpose of compensation
• Analyse how courts assess and quantify damages for psychiatric harm
• Apply principles for handling cases involving both physical and psychiatric injuries
• Understand the court’s approach to multiple injuries and the avoidance of double recovery
• Evaluate key causation issues in psychiatric injury claims
• Recognise the legal framework governing “bystander” and secondary victim claims, including fatal cases
• Assess claims arising from contexts such as sexual abuse and workplace stress
• Identify factors that may increase or reduce awards for psychiatric injury
• Apply practical checklists to strengthen case preparation and protect client interests