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Legal Side of Psychiatric Harm and Physical Harm - Research Paper Example

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The objective of the following research is to describe the distinction between psychic and physical injury in terms of the law. The writer suggests that mainly it would depend upon the complicity of the case, the conduct of the parties and the best judgment available to the Court and the jury…
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Legal Side of Psychiatric Harm and Physical Harm
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Download file to see previous pages It could be seen in terms of shock, mental anguish, and pain, or the after-effects of loss of kith or kin. Thus, mental anguish and deprivation could be said to be a leading cause of psychiatric injury, which may or may not is caused by physical injuries. Thus, in the event psychiatric injury compensation is demanded by the applicant, the aspect of negligence or intent on the part of the defendant needs to be proved beyond reasonable doubt, and also the fact that psychiatric injury has been the direct and immediate result of the action or inactions on the part of the defendant. The aspect of immediate cause is necessary, because where an injury is caused by indirect causes; it is quite possible that the claim may not be sustainable, or tenable in a Court of competent jurisdiction. Thus, the very element of psychiatric injury lies in the fact that it is a kind of injury to the mind, or psyche, brought about by the actions of the defendant.
The main aspect that needs to be considered in this essay is the interrelationship between body and mind. It is well documented that there is a strong nexus between body and mind, and therefore, what affects the mind may also affect the body, and vice versa.
1. The burden of proof on the part of the applicant is much greater in the case of mental injuries than physical injuries. This is because the extent of damages in the event of mental illness is much more difficult to predict and assess since there are elements of unpredictability and doubts regarding the rationale of the behavior of injured psyches, or minds. It is also more difficult to prove materially the impacts of psychic injury.
2. The second aspect is that Courts also need to be fully convinced that the injury belongs to one category, or the other, or is a combination of both physical and psychic elements.  ...Download file to see next pagesRead More
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