This guide on the process of claiming compensation for PTSD will look at when a claim may be possible and how much compensation for PTSD could be claimed.
To speak to us about a PTSD claim today, call our team on 0800 6524 881. To find out more before getting in touch, please read the rest of this guide.
Table of contents
- Am I Eligible To Make A PTSD Compensation Claim?
- Common Accidents Leading To Post-Traumatic Stress Disorder
- Work-Related PTSD Claims
- How Much Compensation For PTSD Could I Claim?
- PTSD Compensation Amounts
- Evidence To Support A Post-Traumatic Stress Disorder Claim
- PTSD Claim Time Limit
- How Long Does A PTSD Claim Take?
- Starting The PTSD Compensation Claims Process
PTSD stands for post-traumatic stress disorder, which is a mental health condition that can develop after somebody experiences or witnesses a traumatic event.
It’s often associated with military combat and warfare but can also develop after car accidents, sexual assaults, and other traumatic events. It’s a serious condition that can often have a significant impact on a person’s daily life.
Our personal injury solicitors use a set of criteria to decide whether to take a PTSD compensation claim on. Before agreeing to represent you, therefore, they’ll look at whether:
- You were owed a legal duty of care by the defendant; and
- Their negligence led to an accident; and
- You have been diagnosed with PTSD as a result of the accident.
You needn’t be too concerned about proving that you were owed a duty of care as our team will check this for you. Essentially, though, you are usually owed a duty of care whilst you’re working, driving, in a public place, or on a company’s premises. However, you could increase the chances of making a successful claim for PTSD by providing evidence to show how the accident happened. This is something we’ll explain in more detail later on.
PTSD is usually caused by some form of a traumatic event. Importantly, PTSD triggers are different for each person which means some people aren’t affected by serious accidents in the same way as others are.
Some examples of accidents and incidents that could lead to a PTSD claim include:
Essentially, any scenario that was caused by somebody else’s negligence and can be linked to your PTSD symptoms could allow you to claim compensation.
Post-Traumatic Stress Disorder can affect people in many different ways. Cognitive Behavioural Therapy (CBT) and other forms of treatment can help some PTSD sufferers but not in all cases. Importantly, while many symptoms are psychological, physical symptoms of PTSD can sometimes occur too.
Some of the most common symptoms of PTSD and related problems include:
- Distressing memories of the traumatic event/s.
- Disturbing flashbacks.
- Frequent nightmares.
- Emotional instability.
- High levels of stress and anxiety.
- Inability to concentrate.
- Physical effects such as trembling, nausea, sickness, dizziness and vague aches and pain.
Many people who file a PTSD compensation claim have had their lives totally disrupted by the condition and may find the thought of solicitors and legal action overwhelming. However, experienced personal injury solicitors will make the entire process as simple and straightforward as they possibly can, and in most cases, everything can simply be conducted by telephone and email.
While you’re at work, your employer has to try and protect your well-being according to the Health and Safety at Work Act 1974. While this means trying to prevent accidents in the workplace, it means your employer should try to make sure you are ok after a traumatic event at work. Some of the most common roles that can lead to work-related PTSD claims include:
- Military personnel.
- Emergency services workers.
- Prison officers.
- Medical staff – especially those working in A&E departments.
If you’re suffering from PTSD that’s been linked to your work, you may have grounds to seek compensation from your employer. Please get in touch with one of our specialists and they’ll review your options with you.
If you win a PTSD claim, you could receive compensation for any suffering you’ve endured as well as any financial impact. Depending on the impact Post-Traumatic Stress Disorder has had on your life, you could be compensated for:
- Any physical injuries caused by the initial accident.
- Psychological harm including PTSD, depression and distress.
- The impact PTSD has had on your family life, social activities and hobbies.
- Income lost while you were ill.
- Future loss of earnings if PTSD stops you from working for the long term.
- Travel costs.
- Medical expenses.
- The cost of a carer (this could include a family member or friend).
We firmly believe that valuing a PTSD claim properly is important because any compensation you receive is designed to try and help you get back on your feet as much as possible. Therefore, we would suggest that it’s best to seek advice from a legal professional. If one of our solicitors represents you, they’ll find out exactly how you’ve suffered to try and secure the highest possible amount of compensation for you.
The guidelines for PTSD compensation payouts (advised by the Judicial College) have been determined from previous cases involving psychological trauma because of threatened death, sexual violation, and serious injuries. As every PTSD claim is unique and symptoms may differ in severity or type from person to person, so can the compensation amount you actually receive.
- Less severe PTSD where there’s a virtually full recovery within one or two years although minor symptoms may still be present, £3,950 to £8,180 in PTSD compensation.
- Moderate PTSD where a full recovery hasn’t yet been made but symptoms are not majorly disabling, £8,180 to £23,150 compensation.
- Moderately severe PTSD where there is still likely significant disability in the future, £23,150 to £59,860.
- Severe PTSD with permanent effects badly affecting all aspects of an individual’s life, £59,860 to £100,670.
As part of any personal injury claim, you will be asked to have an independent medical assessment to determine the extent of your suffering. For PTSD claims, this might mean an appointment with a doctor or psychiatrist. The meeting will usually occur locally. The specialist will refer to your medical records and try to understand how you’ve suffered by discussing everything with you. Their report will help your solicitor to decide how much compensation for PTSD you might be entitled to.
Before you can be compensated for PTSD, you’ll need to prove how the accident/incident that caused it occurred, who caused it and the extent of your suffering. To do this, your solicitor will present evidence such as:
- Dashcam or CCTV footage. Videos of the accident occurring can make it much easier to prove who was to blame.
- Medical records. As well as medical notes from the hospital or doctor’s surgery that treated your initial injuries, your solicitor will use an independent specialist to try and explain how you’ve suffered.
- Witness statements. Your solicitor may ask your loved ones and friends to provide a statement of the changes they’ve seen in you since the accident/incident.
- Accident reports. If your accident occurred on a company’s premises, it should have been recorded in an accident report book. Your copy of the form should make it easier to prove that the accident occurred.
- Photographs. If you took pictures of the accident scene, these could also be used to show how the accident unfolded.
If you’d like to find out if you have enough evidence for a successful PTSD claim, please contact our advisors for free advice.
There is a 3-year time limit for PTSD claims which would typically begin from when the condition was diagnosed.
If you’re claiming on behalf of a child or an individual who lacks the mental capacity to claim alone, the time limit will not apply at all. The only time the 3-years would apply in these scenarios is if the child reaches the age of 18 and no claim has been made or the individual were to regain their mental capacity.
To see how long you have to claim compensation for PTSD, please speak to a member of our team.
If a loved one is suffering from PTSD and doesn’t have the mental capacity to claim compensation themselves, or for a child with PTSD, you could become their litigation friend and instruct a solicitor on their behalf.
Once approved, you’ll be able to work with one of our solicitors on your loved one’s behalf and make decisions about the claim for them. Please get in touch if you’d like us to help with this process.
The length of time it takes to settle a PTSD compensation claim can vary depending on a number of different factors,
- The complexity of the PTSD claim.
- The extent of the suffering caused.
- How strong the available evidence is.
- Whether liability is being challenged by the defendant.
Generally, it may take several months for fairly straightforward cases whereas it may take much longer to resolve more complex PTSD claims.
If you contact our solicitors they may be able to provide you with an estimated timeline for a PTSD claim based on your particular situation.
If you or a loved one are suffering from PTSD caused by somebody else’s negligence, please call 0800 6524 881 to discuss your options. You will have the chance to ask any questions and we’ll provide free advice about what steps you could take next.
If the claim is viable, we could appoint a personal injury solicitor on our team to represent you. Remember, if your claim is taken on, there won’t be any legal fees payable unless you are compensated.
To find out more about the PTSD compensation claims process right away, please call today or feel free to use our live chat service.