Psychological Injury Claims – How Much Compensation Can You Claim?

If you’ve suffered psychological injuries due to somebody else’s negligence, you may be eligible to make a psychological injury claim for compensation.

In this guide, we’ll explain the process of making a psychological injury claim, including common conditions like anxiety, emotional distress, and Post-Traumatic Stress Disorder (PTSD). We’ll also provide some settlement amounts to demonstrate what level of compensation could be awarded.

If you’re considering making a claim, our specialist personal injury solicitors are here to help. To begin the claims process, your case will be reviewed by a claims advisor during a telephone consultation. This is a free service where you can receive legal advice about your options. If your advisor believes you have a valid claim for psychological damage, we’ll connect you with a solicitor who can handle your case on a No Win No Fee basis, ensuring you won’t pay unless your claim is successful.

If you’d like to begin a psychological injury claim, please contact us on 0800 6524 881. To find out more about what compensation you could claim before getting in touch, please continue reading.

Am I Eligible To Make A Psychological Injury Claim?

Anybody who has suffered a psychological injury because of another party’s negligence may be eligible to claim compensation. For example, this could include trauma following a road traffic accident, or emotional distress linked to medical negligence, accidents in public places, or assaults.

To make a successful psychological injury claim, evidence will usually be needed to prove:

• The defendant owed you a legal duty of care.
• The defendant’s negligence (or failure to act) breached that duty.
• You suffered a psychological trauma as a result.

The first point, duty of care, can be checked when your case is reviewed. If your case is accepted, your solicitor will determine which law/s might be relevant. For example, the Health and Safety at Work Act 1974 might be relevant if you’ve suffered psychological trauma following a serious injury at work.

Psychological Injuries You Could Claim Compensation For

There are various forms of psychological damage you could claim compensation for, which fall under two main categories.

1. Psychiatric Damage Generally

Psychiatric damage can include various forms of suffering, such as:

For example, if you’ve suffered anxiety after a car crash caused by somebody else, and you find it difficult to drive for a while because you’re fearful of being hit again, you may be entitled to compensation for your injuries and anxiety.

2. Post-traumatic Stress Disorder (PTSD)

PTSD involves psychological trauma following a traumatic event. It can affect many aspects of your life and prevent you from working or enjoying life in general. Common symptoms of PTSD include:

As part of a psychological injury compensation claim, you’ll have a meeting with an independent medical expert. If their prognosis is that you have suffered or will continue to suffer because of PSTD or other psychiatric damage, this could be factored into your claim.

For information on making a PTSD compensation claim, please see this guide.

Common Incidents That Can Cause Psychiatric Injuries

Some common incidents that can lead to psychiatric injuries include:

• Assault at work. For example, following an assault in the workplace, you may have severe anxiety or suffer panic attacks at the thought of going to work.
• Road Traffic Accidents (RTAs). You may suffer psychological injury after being involved in a fatal accident.
• Facial scarring. If your face is scarred following an accident, you could become self-conscious or worried about what others say about you causing stress and depression.
• Sexual abuse. You’ve experienced sexual abuse at some point in your life and as a result, now suffer from PTSD.
• Bullying or harassment. Prolonged bullying or harassment at work or elsewhere can lead to severe anxiety, depression, or emotional distress.
• Domestic violence. Experiencing domestic violence can result in long-lasting psychological trauma.
• Witnessing a traumatic event. If you’ve witnessed a serious accident or a stabbing, you may experience flashbacks or develop PTSD due to the trauma of what you saw.

Whatever type of incident has happened to you, we could help you claim psychological injury compensation.

Evidence To Support A Psychological Injury Claim

Supporting your psychological injury claim with strong evidence is vital to securing compensation. To prove who was liable for your psychological injury and how it has affected your mental health and quality of life, you should do the following:

• Report the incident. If you were injured in a public place, on a business premises, or at work, you should report the accident. By law, the accident must be recorded. Your copy of the report could be used to confirm the location, date and time of the accident.
• Speak to witnesses. Where liability for psychological injuries is denied by the defendant, your solicitor could ask any witnesses for a statement. Therefore, write down their contact details.
• Obtain camera footage. If possible, ask for a copy of any dashcam or CCTV footage if your accident was recorded.
• Take pictures. To help prove what happened, it is a good idea to take photographs as soon as possible following an accident.
• Seek medical treatment. Although your psychological injuries are unlikely to present immediately, you should attend A&E for treatment of any physical symptoms. Later on, a medical assessment will be arranged where any psychological suffering will be reviewed.
• Keep a record of your symptoms. It can be helpful to maintain a journal recording your psychological symptoms over time, including anxiety, nightmares, or depression. This can show the long-term impact of the incident.
• Collect proof of financial loss. If the psychological injury caused you to miss work or incur medical expenses, collect wage slips, receipts, or other financial records to prove this.

After you have collected as much evidence as possible, or want to know how we can help in collecting evidence, please contact us today.

How Much Compensation For Psychological Injury Could I Claim?

The amount of compensation you could receive for psychological injury will be based on the severity of the injury and how it has affected your life. In general, any settlement will be based upon two heads of loss:

• General damages. This part of the claim is where you’ll request compensation for physical and/or psychological injuries, and any loss of amenity. The amount you’ll receive will be based on the extent of your pain and suffering.
• Special damages. Here you can claim for any costs associated with your injuries. For example, if you suffer psychological injuries, you may find it difficult to return to work for a while. Therefore, you could claim for lost earnings.

To see what could be included in your claim, please contact our team for free advice.

Psychological Injury Compensation Amounts

• £66,920 to £141,240 compensation for severe psychological injury.
• £23,270 to £66,920 compensation for moderately severe psychological injury.
• £7,150 to £23,270 compensation for moderate psychological injury.
• £1,880 to £7,150 compensation for less severe psychological injury.

The settlement amounts above are based on compensation guidelines for psychological injuries advised by the Judicial College for general damages and are referred to by legal professionals when calculating compensation settlements. As such, they should be used for guidance only, and special damages may also need to be added to the final figure.

If your claim is accepted, your solicitor will provide a more detailed compensation figure once your medical assessment has been completed.

Time Limits For Claiming Psychological Injury Compensation

Generally, personal injury claims have a 3-year time limit. This will usually either start from the date you were injured, or from a later point if it only became clear afterwards that your psycholgical injury was significant and caused by the accident or negligence.

However, if your psychological injuries mean you don’t have the mental capacity to claim for some time, the start of your limitation period could be extended. If you believe this to be the case, you may wish to talk to us for legal advice on litigation friends and your options.

In our opinion, it is a good idea to start the claims process as soon as you can. That’s because your solicitor will need some time to collect evidence, book medical appointments and complete other tasks.

To check how long you’ve got left to make your psychological injury claim, please contact us today.

How Long Do Psychological Injury Claims Take?

The length of time it takes to resolve psychological injury claims varies depending on several factors. For example, if liability is accepted by the defendant, the claim might be settled within a few months. However, if liability is denied or further medical evidence is needed to fully assess the extent of your psychological injuries, the process could take far longer.

If a personal injury solicitor takes your psychological injury claim on, they’ll be able to give you a more accurate estimate based on the specifics of your case.

Do I Need A Solicitor To File A Psychological Injury Claim?

No, you’re not legally required to use a solicitor to file a psychological injury claim, as you could handle the claim yourself. However, psychological injury claims can be more complex than those involving physical injuries because they often require detailed medical evidence to prove the extent of the mental harm and its connection to the accident.

An experienced solicitor can be particularly helpful in gathering expert medical reports, building a strong case, and dealing with insurers who may be reluctant to accept liability. Without a solicitor’s help, you might find it difficult to collect vital evidence or handle the claims process in general.

By working with a personal injury solicitor on our team, you’ll benefit from their expertise in:

• Collecting medical evidence, such as psychiatric reports, to support your claim.
• Demonstrating how the incident caused your psychological injury.
• Handling all communications with the defendant’s insurers to reduce stress on your part.
• Negotiating for the best possible compensation, especially where long-term care or treatment is needed.

Throughout the claim, you’ll be kept up to date and your solicitor will be on hand to answer any queries you may have.

Starting The Psychological Injury Claims Process

If you would like to find out more about how we could help you, call us on 0800 6524 881 today. Alternatively, you can fill in one of our contact forms if you’d prefer to be called at a convenient time, or use our live chat service.

We’ll provide free legal advice on making a psychological injury compensation claim and could partner you with a No Win No Fee solicitor right away.