What is "psychological injury"

n. (context legal English) damage to the psyche caused by an event that may lead to a tort action (lawsuit) or other compensation claim.

"Psychological Injury" refers to psychological or psychiatric conditions associated with an event that leads, or may lead, to a lawsuit in tort action or other legal-related claims, for example, in workers' compensation, United States Department of Veterans Affairs (VA) disability benefits claims, and Social Security Administration (SSA) disability cases. Claimable injuries might result from events such as a motor vehicular collision or other negligent action, and cause impairments, disorders, and disabilities perhaps as an exacerbation of a pre-existing condition (e.g., Drogin, Dattilio, Sadoff, & Gutheil, 2011; Duckworth, Iezzi, & O’Donohue, 2008; Kane & Dvoskin, 2011; Koch, Douglas, Nicholls, & O’Neil, 2006; Schultz & Gatchel, 2009; Young, 2010, 2011; Young, Kane, & Nicholson, 2006, 2007).

Legally, psychological injury is considered a mental harm, suffering, damage, impairment, or dysfunction caused to a person as a direct result of some action or failure to act by some individual. The psychological injury must reach a degree of disturbance of the pre-existing psychological/ psychiatric state such that it interferes in some significant way with the individual's ability to function. If so, an individual may be able to sue for compensation/ damages.

Typically, a psychological injury may involve Posttraumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), a concussion, chronic pain, or a disorder that involves mood or emotions (such as depression, anxiety, fear, or phobia, and adjustment disorder). These disorders may manifest separately or in combination (co-morbidity). If the symptoms and effects persist, the injured person may become a complainant or plaintiff who initiates legal action aimed at obtaining compensation against whomever is considered responsible for the injury.