How do the courts deal with pre-existing psychological disorders? The goal of the court process is to provide financial compensation to injured parties to compensate them for actual losses. Thus, the courts must take into account a plaintiff's pre-existing psychological state. In this recent supreme court of British Columbia case, the courts were left with the difficult task of assessing an award for a plaintiff who had suffered from major depression after a car accident but who also had pre-existing psychological issues:
https://www.courts.gov.bc.ca/jdb-txt/sc/18/18/2018BCSC1833.htm
The judge, in coming to his decision, referenced case law, which highlighted the potentially large impact of psychological injuries on the life of an injured party:
"The loss of our mental health is a more fundamental violation of our sense of self than the loss of a finger"
The plaintiff did have a history of depression, but due to a motor vehicle accident developed major depressive disorder and a conversion disorder. She had two doctors who stated that the motor vehicle accident had been a major factor in the development of her more severe current psychological issues. The judge agreed and stated that although the plaintiff's pre-existing psychological state was not "pristine", she was entitled to compensation for the injuries she sustained in the accident, both physical and psychological. The judge awarded the plaintiff $105,000 for pain and suffering, a sum which took into account "real and possible future possibilities" including the potential future effects of the plaintiff's pre-existing injuries.