Personal injury claims: The role of a Psychologist
The amount of compensation payable to a claimant in a personal injury claim is generally dependant on the extent of their injuries. For this reason, the court does not apply a “one size fits all approach” and the unique circumstances and impact of the injury has to be taken into consideration in every single case. This is done by evaluating the different ways in which an injury has impacted a person’s life. It may be a financial, physical or emotional impact and therefore should be assessed from all sides. These evaluations are done with the help of medico-legal reports provided by specialists in their field of expertise.
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In some cases it may be difficult to establish and place a value on the emotional impact of an injury. One of the experts which assists with determining the emotional effect of an injury is a psychologist.
Psychologists are involved in the quantum phase of a trial, in other words after liability and responsibility to pay compensation has been successfully proven. For a list of other experts that may be involved in your case, see our article on Medical Negligence – Medico Legal Experts
What does a Psychologist do?
Psychologists attempt to understand the human mind – how it functions, how it responds, how it can be improved and how it can be kept stable. Psychologists study concepts such as human perception, emotion, personality, behaviour, relationships, attention, motivation, cognition and so on. Hundreds of thousands of people across the globe look to psychologists for their mental and emotional problems.
There are different branches of psychology, but those who work specifically with individual mental health generally practice as counselling or clinical psychologists.
The objective of clinical psychologists is to use scientific methods and principles of psychology to treat those who are suffering from psychological issues or problems. Clinical psychologists have the experience and background to conduct psychological tests, research, consultation, diagnoses and treatment. The goal of most psychologists is to identify obstacles that affects a patient’s quality of life negatively and suggest a correction course of action or treatment to improve the mental well-being of their patients.
In a personal injury matter, a psychologist can give opinions and recommendations to the court on the extent of emotional harm suffered by a patient as well as any treatment and compensation which could assist to redress this harm.
Qualifications and training needed
A psychologist is not the same as a general counsellor or therapist, as further tertiary studies and training is required.
In order to qualify as a psychologist, an undergraduate Bachelor’s degree as well as an Honours degree must be completed. Thereafter, the graduate may choose to register as a psychometrist (which allows one to administer and interpret certain psychological tests) or a registered counsellor (who provides basic psychological screening, assessment and counselling). Psychometrists and registered counsellors are required to complete a six month Health Professions Council of South Africa (HPCSA) accredited practicum and a national board examination.
To qualify and practice as a psychologist, the graduate needs to also complete a Master’s degree in psychology (following a further rigorous selection process). Thereafter a HPCSA accredited internship of one year is undertaken. In the case of a clinical psychology qualification, an added year of community service is mandatory, hence professional training can take approximately seven years.
How does a psychologist assist in a case?
A psychologist will need to assess the emotional harm which has been suffered. This is mainly done through consultation which may include:
- Completion of specially created questionnaires and personal interviews;
- Consideration of medical reports and other expert opinions;
- Consultations with family, friends, employers, colleagues and educators.
- Information about personal and family background.
In situations where the injury has resulted in neurological or physical complications, such as a brain injury, collaboration with neuropsychologists and psychiatrists may be appropriate. The psychologist can provide an opinion to the court, supported by evidence and the court can make the decision as to the compensation it believes would be suitable. Trauma and injury affects every person differently and therefore it is essential to have the opinion of an experienced psychologist to support your claim.
Obtaining the maximum and fair amount of compensation in your personal injury claim is important, since in South African law a person only has one opportunity to claim for a specific injury. If your case is not researched and proven correctly, you may be seriously undercompensated.
If you would like more information on the personal injury claims process, feel free to contact our offices at 012 809 1588 or paul@pauldup.co.za