If you’ve developed PTSD after being involved in a car accident, you could claim compensation if somebody else caused the car accident to happen. Therefore, in this guide to claiming compensation for PTSD after a car accident, we’ll look at when you might be eligible to file a claim and how much compensation for PTSD after a car accident you could claim.
We can help with any questions about PTSD claims. Our team offer a no-obligation consultation where your claim will be reviewed and you’ll receive free advice about the claims process. If your claim is suitable, a personal injury solicitor will be asked to speak to you. They’ll represent you on a No Win No Fee basis if your claim is taken on so you won’t need to pay their legal fees unless you receive a compensation payout.
If you or a loved one is suffering from PTSD following a car accident, call us to discuss your options on 0800 6524 881 today. Alternatively, please carry on reading to find out more before contacting us.
Table of contents
- Am I Eligible To Claim Compensation For PTSD After A Car Accident?
- What Is Post-Traumatic Stress Disorder?
- Proving That You’ve Been Affected By PTSD From A Car Accident
- Types Of Car Accidents That Could Lead To PTSD
- How Much Compensation For PTSD After A Car Accident Could I Claim?
- Evidence To Support A Compensation Claim For PTSD From A Car Accident
- Time Limits For Claiming Compensation For PTSD
- Starting A Car Accident PTSD Compensation Claim
Our personal injury solicitors could represent you if there’s a realistic chance you’ll be compensated for PTSD after a car accident. To assess the merits of your claim, they’ll check whether:
- You were owed a duty of care by the defendant; and
- Their negligence caused a car accident; and
- You’ve suffered or are suffering from PTSD as a result of the accident.
Proving a duty of care in a road traffic accident isn’t too difficult as all road users must try to protect each other by driving as safely as possible according to the Road Traffic Act 1988. Therefore, it will be more important to concentrate on proving how the defendant caused the accident and how you’ve suffered. We’ll look at what evidence you could use to support your claim later on in this guide.
According to the NHS, Post-Traumatic Stress Disorder (PTSD) is an anxiety disorder. It can occur as a result of very frightening, stressful or distressing events. The NHS lists serious road accidents as one of the potential causes of PTSD.
The symptoms of PSTD will vary depending on how you’ve been affected but can include:
- Re-experiencing. This is one of the most common PTSD symptoms. Examples include nightmares, flashbacks, and seeing repetitive distressing images. Physical sensations such as sweating, nausea, pain and trembling can also occur.
- Avoidance. This is where PTSD sufferers try to avoid situations that remind them of the traumatic event. For example, they won’t be able to drive on the road on which their car accident happened.
- Hyperarousal. Someone with PTSD may always be on edge, irritable, suffer from insomnia, struggle to concentrate and have angry outbursts. This is known as hyperarousal.
- Mental health issue. Post-traumatic stress disorder suffers might have to deal with depression, anxiety or phobias. They may also feel suicidal in the very worst cases.
- Self-harming. PTSD can also lead to destructive behaviour such as drug misuse, alcohol misuse and self-harm.
Other physical symptoms related to PSTD include headaches, stomach aches, chest pains and dizziness.
While PTSD can be resolved with treatment after a couple of weeks or months, some people can be affected for the rest of their lives. Any compensation for PTSD following a car accident will consider how long you’ve suffered and the extent of your symptoms.
If your claim is to be successful, you’ll need to have been diagnosed with PTSD by a medical professional such as your GP. Additionally, all personal injury claims require an independent medical assessment. For PTSD claims, this will usually be conducted by a psychologist or psychiatrist. The meeting is nothing to be concerned about.
Usually, your solicitor will be able to book your appointment locally so you won’t have to travel too far. During your appointment, the specialist will discuss the car accident with you and try to find out how your symptoms have affected your life. They’ll then produce a report for your solicitor and the defendant’s insurers that will explain your prognosis.
Essentially, any type of car accident has the potential to lead to PTSD. Some of the more typical incidents that could lead to a claim include:
- Multi-car pile-ups.
- Head-on collisions.
- High-speed car crashes.
- Accidents where a vehicle has overturned.
- Car crashes where there have been fatalities.
Remember, you could claim compensation for PTSD after a car crash caused by another driver’s negligence. This include crashes caused by:
- Speeding or careless driving.
- Drink or drug driving.
- A driver who was using their phone, radio or satnav.
- A driver crashed into the back of your vehicle.
- Road rage.
If you believe you have grounds to claim for PTSD after car accident compensation, please call our team on 0800 6524 881 to find out how we could help you.
PTSD after a car crash can affect all aspects of a person’s life. In the very worst cases, this might mean a claimant does not have the mental capacity to claim compensation themselves. If this is the case, you could become their litigation friend and manage the claim on their behalf. If this is something you’d like to discuss, please call our team for free legal advice.
When calculating how much compensation you should get for PTSD after a car accident, your solicitor will use two heads of loss. These are:
- General damages – Compensation for your pain, suffering and loss of amenity.
- Special damages – Compensation for any costs and/or expenses caused by your PTSD and other injuries.
In general, you might be awarded compensation to cover:
- Any physical pain endured.
- The mental trauma caused by PTSD and other mental problems.
- Loss of earnings caused by PTSD. Future losses could be claimed in more serious cases.
- The impact PTSD has on your daily life (social activities, family events and hobbies).
- Travel expenses.
- Medical expenses including private psychotherapy or Cognitive Behavioural Treatment (CBT).
- Care costs to cover the time somebody else has spent supporting you (friends, family members or professional carers).
If one of our solicitors agrees to represent you or a loved one affected by PTSD following a car crash, they’ll aim to secure you as much compensation as possible.
As explained, the amount of compensation you might be paid to cover the effects of PTSD after a car accident will depend on how you’ve suffered. However, we’ve added some compensation amounts for post-traumatic stress disorder as a guide below (for general damages) to give you some idea.
- £59,860 to £100,670 for severe PTSD after a car accident.
- £23,150 to £59,860 compensation for moderately severe PTSD.
- £8,180 to £23,150 compensation for moderate PTSD.
- £3,950 to £8,180 for less severe PTSD.
After your solicitor has received a medical report about your prognosis, they should be able to offer a more personalised compensation estimate.
The types of evidence you could use to help prove how somebody else caused your car accident and PTSD and how it’s caused you to suffer include:
- Photographs of the accident scene.
- Dashcam/CCTV recordings of the car accident.
- Medical records from the hospital where you were treated and from your GP.
- Witness statements from anybody else who saw the car accident happen.
- Details about the other driver, their vehicle and their insurance provider.
- Evidence of any costs incurred because of the car crash.
We provide a free review of car accident claims where we’ll provide advice on any evidence you’ve got already or how to secure evidence you’re struggling to obtain.
A personal injury claim following a car accident will typically have a 3-year time limit from the actual date the accident occurred. However, when claiming compensation for PTSD from a car accident, it’s more likely that your limation period could start from the date that your PTSD was diagnosed.
In cases where you’re claiming compensation for somebody currently lacking the mental capacity to claim themselves, the 3-year time limit will not apply and you could file claim at any point. If no claim has been made and the victim regains their mental capacity, they’ll then have 3 years in which to make the claim themselves.
We would normally advise that it’s easier to secure evidence if you begin your claim sooner rather than later. Similarly, an early start to the claims process will give your solicitor more time to book any medical appointments that are necessary.
If you’d like to speak with us about claiming compensation for PTSD after a car accident, please call our team on 0800 6524 881 today. There’s no obligation to proceed but they’ll give you free legal advice about your options whatever you decide to do next.
If your claim proceeds, your solicitor will act on a No Win No Fee basis meaning you don’t need to pay their legal fees unless your claim is successful.
If you have further questions on how much compensation for PTSD after a car accident you could claim, please connect to our live chat service today.