Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 29 June 2019.

Barbara receives a telephone call at her home in the middle of the night. She is informed that her son, Colin, has died in a motor vehicle accident caused by another driver. Barbara is understandably overwhelmed with grief and horrified at the sudden loss of her son.

Over the next few months, Barbara’s mental health deteriorates and she is ultimately diagnosed with a post-traumatic stress disorder (PTSD) and a major depressive disorder.

Barbara commences legal proceedings against the driver of the at-fault motor vehicle, claiming that his negligence, which caused her son’s death, also caused her psychological injury.

The legal proceedings suffer multiple delays, and while proceedings of this kind are often protracted, several years pass before the matter is finally heard by the court. During this time, Barbara’s injury persists, although its severity fluctuates.

During the hearing, Dr Bell gives evidence for the defendant and reports that Barbara’s psychological injury is exacerbated by the lengthy legal proceedings. He highlights the fact that Barbara suffered significant relapses at critical stages of the proceedings, like the mediation.

As such, the Defendant argues that Barbara’s current condition will improve once the litigation is finalised.

Dr Wittell, who is the plaintiff’s expert witness, disagrees with Dr Bell. She reports that Barbara’s symptoms can be triggered or exacerbated by various factors. The finalisation of the litigation may remove one possible trigger, but Barbara remains susceptible to other triggers.

The Judge rejects the defendant’s argument. She finds that the resolution of the proceedings will undoubtedly be beneficial to Barbara but will not make a significant difference to her suffering. It will neither shorten the duration of her condition nor significantly alter its intensity.

The court ultimately finds in Barbara’s favour and she is awarded significant damages.

If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.