Mental Health Issues During COVID – Can You File a Personal Injury Claim?

While we all understand the infectious nature of COVID-19 and how it has stressed us in so many ways, we are still coming to grips with a more invisible aspect of what it has done to us in the way of our mental health. While most of us have dealt with the stay-at-home orders and social distancing that were required of us, few of us realized what a year of this could do to our mental health.

So do we have rights to compensation for mental health issues caused by the pandemic under the laws? While this may be the case after an accident that involves other physical injuries, what are our rights if there is no accident and no other physical injuries, and who, ultimately, is responsible?

Personal Injury Requires a Case of Negligence

Although emotional distress is compensable in a personal injury case, when it comes to COVD-19, claiming for personal injury may be difficult.

When it comes to any personal injury claim, a key aspect is the concept of negligence. Consequently, in order to receive compensation, there needs to be evidence that negligence existed.

Psychological injury or emotional distress can be the result of an injury that is caused by another party’s negligence. Unfortunately, there are not many cases where negligence can be attributed in cases of COVID-19, unless someone can prove, for example, that they became infected due to an intentional act or an employer’s negligence, and this resulted in damages due to emotional distress.

COVID and Legal Grey Areas

Because the intersection of COVID-19 and the law is relatively new and there are many grey areas, there may be instances when mental health issues resulting from the virus may be covered under the law. Each case must be considered separately to understand whether it has personal injury merit.

If you have suffered mental health issues due to the virus, it is essential that you first get the care and support you need. If you have questions about your legal rights, you should contact the experienced Cambridge personal injury lawyers at Hilborn and Konduros for a complimentary consultation.