In a personal injury case, the injured person (i.e., the plaintiff) is usually entitled to recover damages for all harm resulting from the defendant’s negligence. This includes medical expenses for treatment of all injuries and conditions related to the accident.
So, if the plaintiff is receiving mental health services from a therapist or psychologist, for emotional or psychological issues related to the accident and/or the resulting injuries, the plaintiff can include this treatment in a claim for damages. But that doesn't mean the claim will always be accepted at face value. Read on to learn more.
Mental Health Therapy as Medical Treatment
The medical treatment category of personal injury damages is very broad. Plaintiffs can recover medical expenses not just for standard treatment like doctor’s visits, hospitalizations, x-rays, physical therapy, and prescriptions, but also for mental health treatment provided by professionals such as:
- psychiatrists
- psychologists
- therapists
- counselors, and
- licensed social workers.
The Plaintiff's Therapy Must Be Linked to the Defendant's Fault
A personal injury plaintiff will usually be able to claim damages for services provided by a mental health professional as long as the need for the treatment is causally related to the defendant’s negligence. This causal relationship is the key. If the plaintiff's emotional or psychological condition -- and therefore the treatment -- is not deemed causally related to the incident, then the plaintiff will not be entitled to compensation for that treatment. That's essentially true for both personal injury settlements and personal injury lawsuits.
Let’s look at a couple of examples of when therapy might be covered. Let’s say the plaintiff was rear-ended while driving and, as a result of the collision, was pushed into the opposite lane of traffic and was hit by an oncoming car. As a result of this accident, the plaintiff suffered numerous physical injuries and also post-traumatic stress disorder. He keeps reliving the accident. The plaintiff’s general practitioner recommended that he see a therapist to help him with the PTSD. In this situation, there is no question that the plaintiff’s treatment with the therapist is certainly related to the accident. The plaintiff will definitely be able to claim damages for his PTSD and can absolutely claim his therapist’s bills as a related medical expense.
How about a claim that’s less clear-cut? Let’s say the plaintiff was in a minor car accident that gave her nothing more than back strain. She recovered from her physical injuries in three weeks, but claims that she has had unexplained episodes of crying and sleeplessness since the accident. She can’t stop thinking about the accident. Her general practitioner said that she should have therapy to help her with these mental health issues.
In that case, because her M.D. gave an opinion that she should have therapy to help her with a mental health issue related to the car accident, the claimant would be entitled to make a claim for those expenses. However, given the extreme lack of severity of her physical injuries, she should not be at all surprised if an insurance company or jury rejects that claim and refuses to award her any damages for her therapist’s bills.
It bears repeating that the best way to get compensation for mental health services as part of a personal injury claim is to have an opinion from a qualified health care practitioner stating that your psychological or emotional condition is causally related to the accident in question. If no health care provider will give that opinion, then you probably won't have a valid claim for mental health services as a component of your damages. (Get the basics on Personal Injury Damages.)