Is the "egg shell psyche " rule use in the uk in personal injury cases?

maggie1947

the egg-shll rule (thin skull rule) applies were the injured party may have had a pre-existing condition.
Does the law still apply if some one had a psychiatric illness and an accident gave rise to more psychiatric problems.

FutureGirl

Yes it does.

maggie1947

so the same principle applies?
for example-if some had mild depression before the accident,then it developed into bipolar disorder because of the accident,is the defantants liable for this?

OnanTheBarbarian

If you have independent medical evidence to prove the accident caused the aggravation and increased psychological symptoms, or the development of a new condition, then such injuries would be subject to compensation, but Independent medical opinion must confirm this.

FutureGirl

The principle derives from a UK common law - therefore applies to the UK, and applies to negligence / injury cases (IE personal injury).

The defendant will only be liable if (as above) an independent medical expert (usually someone your solicitor instructs) confirms your bi-polar was caused due to the accident. The medical expert will likely look through your GP records, and psych records if you have seen psychiatrist/psychologist etc.

maggie1947

what if you had mental condition and the accident really aggravated it?
does a medical expert just get your medical history and judge if from them?

huckster

No there would be a new psychological review of current health, without previous history being part of the assessment. The reason for the Psychologist does not want previous health info, is that they need to assess someone as of now. Once this is done afresh, then someone can assess the difference the accident might have had.

Someone i know had a serious accident as a child, causing problems as a result. Part of the third party claim settlement was that they paid for therapy sessions. There was a cash settlement as well, but the Judge that dealt with it was more interested in ongoing health and supporting treatment.

These situations can get complicated and someone in the position should seek expert legal assistance, as any clain might be ongoing over years.

alchemist.1

huckster wrote: »

No there would be a new psychological review of current health, without previous history being part of the assessment. The reason for the Psychologist does not want previous health info, is that they need to assess someone as of now. Once this is done afresh, then someone can assess the difference the accident might have had.

Someone i know had a serious accident as a child, causing problems as a result. Part of the third party claim settlement was that they paid for therapy sessions. There was a cash settlement as well, but the Judge that dealt with it was more interested in ongoing health and supporting treatment.

These situations can get complicated and someone in the position should seek expert legal assistance, as any clain might be ongoing over years.

Medical history will always be considered by a Psychologist/Psychiatrist in this type of claim.

This will be to consider whether

i) it is a pre existing condition causing the ongoing issues and whether or not if any of the ongoing symptoms are related to the incident in question

and

ii) To consider whether it is an entirely new type of injury or an aggravation of a previous issue.

alchemist.1

maggie1947 wrote: »

what if you had mental condition and the accident really aggravated it?
does a medical expert just get your medical history and judge if from them?

Yes and his current assessment of you. It will be upto the medical expert to consider whether the condition has been aggravated.