Is anxiety, which leads to urinary urgency, an above-threshold injury?

In Brief

• A threshold injury is defined under section 1.6 of the Motor Accidents Injuries Act 2017 (MAIA).
• Section 1.6(1) of MAIA states a threshold injury is a soft tissue injury or a psychological or psychiatric injury that is not a recognised psychiatric illness.
• In respect to assessing whether an injury is a threshold psychological or psychiatric injury, an assessment of whether a psychiatric illness is present, is essential.
• If the injured person's psychological or psychiatric injury do not meet the assessment criteria for a recognised psychiatric illness, the injury will be considered a threshold injury.
• If a Claimant's injuries are only threshold injuries, they are not entitled to recover either statutory benefits beyond 52 weeks or common law damages.