Legal Compensability of Symptoms Associated with Posttraumatic Stress Disorder: A Canadian Perspective

Abstract

Canadian courts are increasingly recognizing the legal compensability of symptoms associated with psychological injuries resulting from civil torts. One of the most common psychological injuries that arises following tortious actions is Posttraumatic Stress Disorder (PTSD). In this article, a review of the law on the compensability of symptoms of psychological injury generally—and PTSD specifically—is offered. The laws that directly pertain to clinical assessments of psychological injury caused by tortious behavior are highlighted. As the legal system is an important mechanism through which redress for PTSD-related losses may be sought, the literature on personal costs of PTSD is reviewed. Guidelines for mental health professionals who conduct assessments in PTSD civil litigation contexts are offered.