Victims find it very difficult to assess the consequences and after-effects of an accident or assault on their mental health.
Invisible, subjective and difficult to quantify, non-pecuniary loss nevertheless remains a central head of claim in insurance disputes. Psychological assessment now makes it possible to document this suffering rigorously, so that it is admissible in law.
Psychological suffering recognised in law
Non-pecuniary loss takes several forms: grief following a death, anxiety after an accident, emotional distress following an assault. It has been compensable since the Jand’heur ruling (13 February 1930), but remains difficult to prove. Unlike bodily injury, there is no universal scale or official grid for assessing mental suffering. In this context, psychological assessment plays a key role by providing clinical evidence that can be objectively measured and relied on against the other party.
A structured methodology and proven tools
Psychological assessment rests on two foundations: a clinical interview and standardised psychometric tests. Among the most widely used are:
- HADS for anxiety and depression;
- BDI-II for the severity of depressive disorders;
- PCL-5 for post-traumatic stress symptoms;
- MMPI-2-RF for the analysis of personality and pathological emotional responses.
These tools make it possible to measure the intensity, duration and functional impact of the disorders – factors often overlooked in standard medical assessments.
A means of evidence in its own right
Psychological assessment can be used at every stage: to negotiate an out-of-court settlement, to challenge an incomplete medical assessment, or to support arguments before a court. It provides details on the causal link between an event and the suffering experienced, the depth of the disorders, and their impact on daily life. The courts look favourably on this type of evidence, provided that it is rigorous and detailed.
In claims involving no physical injury, post-traumatic stress or lasting anxiety, psychological assessment helps to prevent the damage from being underestimated. It gives victims a credible clinical voice so that harm which is often played down can be recognised. It is a major step towards full compensation for the harm suffered, including its psychological dimension.