Mental Health

There are several ways that mental illness and the law interact. We can provide legal advice and services in the following ways.

Mental Health Tribunal

We can provide private legal representation at the Mental Health Tribunal. All patients are entitled to a legal aid solicitor or barrister to represent them at the Mental Health Tribunal. Others choose to engage a private lawyer. We can help you to ensure your voice is heard and that your wishes are communicated to the tribunal members.

Claims for Pure Mental Harm

Claims for pure mental harm which are sometimes known as claims for nervous shock arise in connection with another person being killed, injured and /or put in peril by the negligent act or omission of another.

These claims often arise in connection with the death or serious injury of a loved one. The claims relate to losses which arise out of the development of a defined mental illness for the surviving relatives or witnesses.

Claims for Consequential Mental Harm

Claims for consequential mental harm arise in association with a personal injury to the injured person as opposed to another person. For example: if a person injured their back which caused serious pain and disability, if they then developed a depressive illness which related to their reaction to the back injury, they could also claim for the impact of the depressive illness as it is related to the primary back injury.

Many claims for personal injury contain a mental harm element as people frequently find it difficult to adjust to serious injury and disability.

What can be claimed?

Financial compensation can be claimed for: pain and suffering, past and future treatment expenses, past and future wage losses, past and future domestic assistance together with legal costs and disbursements.

Time limits

There are time limits which apply to personal injury claims. You should seek legal advice promptly if you have suffered mental harm injuries to ensure that you can access all the compensation to which you are entitled to claim.

Contact us to make a time to speak to Jane for a free, non-obligation chat about your legal options.