Take Help of Personal Injury Lawyer In Kelowna To Prove Psychological Trauma
According to the precedent set by the courts, in several provinces the law allows the injured plaintiffs to access justice and get their ICBC and other insurance claims more easily. However, you will need the help of a qualified Personal Injury Lawyer in Kelowna to prove mental injury or psychological injury to make an ICBC claim. This is irrespective of the fact that you will not need any expert evidence for it. Such mental injuries include depression, sadness, anxiety, somatic symptom disorder or PTSD or Post-Traumatic Stress Disorder. Apart from proving such injuries it is also required to prove negligence of the other party to cause the accident.
The trial levels
In most of the times, personal injury claim cases involving psychological disorder are not settled informally out of the court through negotiations, arbitration or mediation. A formal trial in a court is essential for the eventual result. In court, the case will go through different trial levels to prove that the accident has indeed caused significant mental injury top the plaintiff. The Injury Lawyer in Kelowna will get proofs such as doctor’s report to prove that there has been a personality change, cognitive issues. The good this is that according to the law there is no need for a testimony from an expert psychiatrist or a psychologist.
Ruling by the judge
The trial judge will give a verdict to such a case based on the testimony of the family and friends of the injured victim instead of an expert testimony. All that the judge and the ICBC Lawyers in Kelowna want to know whether or not the injured person was an energetic, charming and even a funny individual before the accident. They must also say that after the accident the relationship of the injured person with his or her close ones have deteriorated and the person have become sullen and experiencing mood swings. Depending on the extent of the injury and its effect, the trial judge will determine the claim amount which can go up to hundreds of thousand dollars.
The DSM theory
The defendants however can raise the point that the claim of the injured victim is not valid since there is no expert evidence to support the mental injury. This argument of the defendant is based on the previous law that required the injured plaintiffs to prove that they sustained an injury that can be termed as ‘clinically diagnosed and recognizable psychiatric illness. The injuries should be categorized as mental injury according to the Diagnostic and Statistical Manual of Mental Disorders or DSM. However, now with the assistance of a Car Accident Lawyer in Kelowna the trial judge can ascertain mental injury without expert evidence.
Considering the issues
The courts have considered all aspects of the issues associated with proving a mental injury. The courts said that to compensate mental injury the injured victims need to prove that the injury is confined within the legal methodology and can be identified with proper diagnostic tools. However, the law is not concerned about the accuracy of such diagnosis. The Accident Lawyer in Kelowna now simply has to prove its symptoms and effects. Visit Here: Barapp Law Firm BC
The trial levels
In most of the times, personal injury claim cases involving psychological disorder are not settled informally out of the court through negotiations, arbitration or mediation. A formal trial in a court is essential for the eventual result. In court, the case will go through different trial levels to prove that the accident has indeed caused significant mental injury top the plaintiff. The Injury Lawyer in Kelowna will get proofs such as doctor’s report to prove that there has been a personality change, cognitive issues. The good this is that according to the law there is no need for a testimony from an expert psychiatrist or a psychologist.
Ruling by the judge
The trial judge will give a verdict to such a case based on the testimony of the family and friends of the injured victim instead of an expert testimony. All that the judge and the ICBC Lawyers in Kelowna want to know whether or not the injured person was an energetic, charming and even a funny individual before the accident. They must also say that after the accident the relationship of the injured person with his or her close ones have deteriorated and the person have become sullen and experiencing mood swings. Depending on the extent of the injury and its effect, the trial judge will determine the claim amount which can go up to hundreds of thousand dollars.
The DSM theory
The defendants however can raise the point that the claim of the injured victim is not valid since there is no expert evidence to support the mental injury. This argument of the defendant is based on the previous law that required the injured plaintiffs to prove that they sustained an injury that can be termed as ‘clinically diagnosed and recognizable psychiatric illness. The injuries should be categorized as mental injury according to the Diagnostic and Statistical Manual of Mental Disorders or DSM. However, now with the assistance of a Car Accident Lawyer in Kelowna the trial judge can ascertain mental injury without expert evidence.
Considering the issues
The courts have considered all aspects of the issues associated with proving a mental injury. The courts said that to compensate mental injury the injured victims need to prove that the injury is confined within the legal methodology and can be identified with proper diagnostic tools. However, the law is not concerned about the accuracy of such diagnosis. The Accident Lawyer in Kelowna now simply has to prove its symptoms and effects. Visit Here: Barapp Law Firm BC