You may be able to make a psychological injury claim if you have suffered psychological harm because of a third party’s negligence. This can include conditions such as PTSD, anxiety, or depression following a traumatic event like a car accident, workplace incident, or other serious accident. To be eligible, you must show that a responsible party failed to comply with relevant safety regulations, causing you psychological distress. Claims must usually be started within 3 years in England and Wales. Our No Win No Fee solicitors can help you understand your options and whether you have a valid claim.
The advisory team at Public Interest Lawyers is here to help answer your questions and guide you through what can often be a difficult and emotional time. We understand how overwhelming it can feel to consider making a psychological injury claim, especially when you are still dealing with the effects of trauma. Following a free initial case assessment, you could be connected with our experienced solicitors, who can then support you in pursuing psychological injury compensation. Our team will handle the legal process on your behalf, ensuring your claim is managed with care, professionalism, and attention to detail from start to finish.
To start your psychological injury claim today, please get in touch with our helpful advisory team:
- Call us on 0800 073 8803
- Contact us by completing our online form
- Use our free live chat feature
- What Is A Psychological Injury Claim?
- Can I Make A Psychological Injury Claim?
- What Accidents Could Lead To A Psychological Injury?
- What Types Of Psychological Injuries Can Compensation Be Claimed For?
- How Much Psychological Injury Compensation Can I Claim?
- The Process For Pursuing A Claim For Psychological Injuries
- Claim For Psychological Injuries With Public Interest Lawyers
- More Information
What Is A Psychological Injury Claim?
A psychological injury claim is a type of personal injury claim brought by an individual who has suffered mental health damage as a direct result of someone else’s negligence. While many people associate injury claims with physical harm, it is widely recognised that psychological injury can be just as serious and, in some cases, life-changing.
A psychological injury may develop following a traumatic event such as a car accident, a serious accident at work, or witnessing harm to a loved one. The psychological impact of such incidents can lead to recognised conditions, including PTSD, anxiety, depression, and other forms of psychiatric injury. These conditions may affect a person’s social life and ability to carry out normal daily activities. You can seek compensation for the effect it has on your daily life as well as any financial losses incurred.
In some cases, psychological trauma occurs alongside physical injuries, such as a brain injury or other serious physical injury. However, it is also possible to suffer psychological injury without any physical harm, particularly in cases involving secondary victims who experience the immediate aftermath of a distressing event.
Please get in touch with our team to get started with your claim today.
Can I Make A Psychological Injury Claim?
You may be able to make a psychological injury claim if you have suffered psychological damage as a direct result of a third party’s negligence. As with any personal injury claim, there are key eligibility criteria that must be met to pursue psychological injury compensation claims successfully.
To be eligible, you will usually need to demonstrate the following:
- You were owed a duty of care – Another person, employer, or organisation had a legal responsibility to protect your health, safety, and mental health. For example, employers must take reasonable steps to prevent both physical harm and psychological injury in the workplace, while road users must act responsibly to avoid causing a car accident or other serious accident.
- That duty of care was breached – A breach occurs when the responsible party fails to act in a reasonable way. This may involve unsafe working conditions, negligent driving, or errors in medical treatment, leading to a traumatic event that could have been avoided.
- You suffered a psychological injury – You must have experienced a recognised psychological injury or psychiatric injury as a direct result of the incident. This may include conditions such as PTSD, anxiety, depression, or other mental health issues. In some cases, you may also experience physical symptoms alongside the psychological effects, and medical evidence, such as medical records or an assessment by a clinical psychologist, will usually be required.
To learn about your eligibility to claim psychological injury compensation, please get in touch with our helpful team today.
What Accidents Could Lead To A Psychological Injury?
Accidents that lead to psychological injuries can be wide-ranging, often including workplace incidents, public accidents, road traffic collisions and physical assaults. Below are some common scenarios in which individuals may be able to claim compensation for psychological trauma:
Workplace Accidents Resulting In A Psychological Injury
A failure to take reasonable steps to protect the physical and mental health of employees may result in a psychological injury at work.
You could therefore make an accident at work claim in the following example scenarios:
- Exposure to a serious accident, such as witnessing a colleague suffer a severe physical injury due to unsafe machinery
- Experiencing psychological trauma due to unsafe working conditions or a lack of support following a traumatic event
Psychological Injuries After Road Traffic Accidents
All road users must navigate safely to avoid causing both physical and mental injuries. A person involved in an accident on the roads may be entitled to make a psychological injury claim.
Examples of road traffic accidents include:
- Being directly involved in a serious accident caused by negligent driving that caused multiple injuries, including psychological damage
- Witnessing a traumatic event on the road, such as a collision involving a loved one
Such incidents can result in psychological trauma, including PTSD, emotional distress, and other mental health issues. Both primary and secondary victims may be eligible to claim compensation depending on the circumstances.
Public Place Psychological Injuries
Those responsible for public spaces, such as local authorities or businesses, must ensure that visitors are reasonably safe.
Examples of accidents in public places include:
- Slipping or falling in a public place and subsequently experiencing psychological effects such as anxiety or loss of confidence
- Witnessing a serious accident in a public area, leading to psychological injury as a secondary victim
Even where physical injuries are minor, the psychological impact can be long-lasting and may form the basis of a personal injury claim.
Psychological Injuries After Medical Negligence
Healthcare professionals must meet a minimum standard when providing treatment. If this standard is not met, and a patient suffers harm as a result, this may give rise to a psychological injury compensation claim.
Examples of medical negligence include:
- Inappropriate treatment that leads to avoidable psychological trauma or worsens existing mental health issues
- Experiencing distress due to a misdiagnosis or delayed diagnosis of a serious condition
In these cases, individuals may suffer psychiatric injury, including anxiety, depression, or adjustment disorders, and may be entitled to claim compensation for both the psychological impact and any associated financial losses.
Violent Crime Caused Psychological Injuries
Victims of violent crime may be able to seek compensation through the Criminal Injuries Compensation Authority (CICA) by making a criminal injury claim.
Examples of violent crime include:
- Being the victim of an assault leading to psychological trauma such as PTSD or severe anxiety
- Witnessing a violent attack on a loved one, resulting in emotional distress and psychiatric injury
If you believe you may be eligible to make a psychological injury claim, contact our advisors today to find out more about your options and how we can help you claim compensation.
What Types Of Psychological Injuries Can Compensation Be Claimed For?
The types of psychological injuries that can be claimed for can include PTSD, depression, anxiety and adjustment disorder. These injuries can vary in severity, but in many cases, they can have a lasting impact on a person’s daily life, relationships, and ability to work. Below are some of the most common types of injuries that may form the basis of psychological injury compensation claims:
Post-Traumatic Stress Disorder (PTSD)
Post traumatic stress disorder (PTSD), is a serious psychiatric injury that can develop after experiencing or witnessing a traumatic event such as a car accident, workplace accident, or violent incident. Symptoms may include flashbacks, nightmares, severe anxiety, and emotional distress.
PTSD can significantly disrupt daily life, making it difficult to maintain employment, social relationships, and overall well-being. In many cases, individuals require ongoing medical treatment and support to aid recovery.
Depression
Depression is a common psychological injury that may develop following a serious accident, life-changing injuries, or ongoing trauma. It can also arise as a secondary condition linked to physical injuries or chronic pain.
Symptoms of depression may include persistent low mood, loss of interest in daily activities, fatigue, and difficulty concentrating. This condition can have a significant impact on a person’s mental health, social life, and ability to function independently.
Anxiety
Anxiety is another form of psychological damage that can arise after a traumatic event or stressful experience caused by someone else’s negligence. This may include general anxiety, panic attacks, or phobias linked to a specific event, such as travelling after a car accident.
Anxiety can lead to both psychological effects and physical symptoms, such as increased heart rate, difficulty sleeping, and feelings of fear or unease. Over time, it can interfere with a person’s daily life and ability to carry out routine tasks.
Adjustment Disorder
Adjustment disorders occur when a person struggles to cope with a significant life change or traumatic event, such as an accident at work or a serious injury. This type of psychological injury can develop shortly after the event and may involve symptoms such as stress, anxiety, depression, or emotional instability.
Although sometimes considered less severe than other psychiatric injuries, adjustment disorders can still have a meaningful impact on a person’s mental health, relationships, and overall quality of life, particularly if left untreated.
If you have suffered a psychological injury and are unsure whether you are eligible to claim compensation, our team is here to help. Get in touch today to discuss how we can support you in securing the compensation you deserve.
How Much Psychological Injury Compensation Can I Claim?
The amount of compensation awarded in a psychological injury claim depends on the severity of the condition, its impact on your daily life, and the supporting medical evidence. As an example, under the Judicial College Guidelines (JCG), compensation for the most severe psychiatric damage can reach up to approximately £141,240 in the most serious cases involving long-term psychological harm and significant impact on day-to-day functioning. The JCG is a document utilised by legal professionals to assign value to pain and suffering.
This type of award is known as general damages, which are paid to compensate you for the pain, suffering, and loss of amenity caused by your psychological injury. General damages are assessed by solicitors using medical evidence, including reports from a clinical psychologist or psychiatrist, as well as the extent to which your mental health has affected your ability to work, maintain relationships, and carry out daily activities.
Below are guideline compensation brackets for psychological injuries and PTSD from the 17th edition of the JCG. Please note that all figures in the table are taken from the JCG, except the first entry, which is included as an illustrative example only. This table is for guidance only.
| Injury | Severity | Compensation Pay-out |
|---|---|---|
| Multiple severe psychological injuries with significant financial losses | Severe - with special damages such as lost earnings, medical costs and travel expenses | Up to £500,000+ |
| Psychiatric damage | Severe - marked problems coping with a very poor prognosis | £66,920 – £141,240 |
| Psychiatric damage | Moderately severe - significant problems coping, but better prognosis than more severe cases | £23,270 – £66,920 |
| Psychiatric damage | Moderate - problems coping but a good prognosis | £7,150 – £23,270 |
| Psychiatric damage | Less severe - daily activities and sleep are affected | £1,880 – £7,150 |
| PTSD | Severe - cannot function at anything approaching pre-trauma level permanently | £73,050 – £122,850 |
| PTSD | Moderately severe - professional help can aid with some recovery | £28,250 – £73,050 |
| PTSD | Moderate - continuing impact is not grossly disabling | £9,980 – £28,250 |
| PTSD | Less severe - only minor symptoms beyond 1-2 years | £4,820 – £9,980 |
Can I Get Compensation For Financial Losses As Part Of My Psychological Injury Claim?
Yes, in addition to general damages for the psychological injury itself, you may also be able to claim compensation for financial losses as part of your psychological injury claim. These losses are known as special damages and are intended to put you back in the financial position you were in before the traumatic event occurred.
Examples of special damages include:
- Loss of earnings if your psychological injury has caused time off work or a significant reduction in income
- The cost of medical treatment, including therapy, counselling, or psychiatric care
- Prescription medication costs related to managing mental health issues
- Travel expenses for attending medical appointments
- The cost of care or support provided by family members or professionals during your recovery
To learn more about special damages, please get in touch today.
The Process For Pursuing A Claim For Psychological Injuries
The process of bringing a psychological injury claim begins with assessing your circumstances and gathering evidence to support your case. Our solicitors will guide you through each stage, from submitting your claim through to settlement.
How Can I Prove Fault For My Psychological Injury?
To prove fault in a psychological injury claim, you must show that a liable third party was responsible for your psychological harm.
Evidence that may help prove fault includes:
- Accident reports (e.g. workplace or road traffic accident reports)
- Witness contact details from people who saw the traumatic event
- CCTV or dashcam footage, where available
- Medical records documenting your psychological injury
- Psychiatric or psychological expert reports confirming diagnosis and causation
- Photographs or other evidence from the scene of the accident
Psychological Injury Claims Time Limit
In most cases, the time limit for bringing a psychological injury claim is set out under the Limitation Act 1980. This generally allows you 3 years to start court proceedings for a personal injury claim in England and Wales. This time limit is calculated from the date of the traumatic event, unless an exemption applies.
If you believe you may have a psychological injury claim, contact our team today to find out more about the time limits that apply and how we can help you pursue the compensation you may be entitled to.
Claim For Psychological Injuries With Public Interest Lawyers
At Public Interest Lawyers, our solicitors are here to provide clear, supportive legal guidance throughout your psychological injury claim. Below, we explain why so many clients choose to work with our expert team and how our funding options can help you pursue justice with confidence.
Why Choose Our Expert Psychological Injury Solicitors?
Our expert psychological injury solicitors understand the impact that emotional trauma can have on every aspect of your life, from your mental health to your ability to work and maintain relationships. We focus on building strong psychological injury claims supported by the right medical and legal evidence.
You should choose our team because:
- We specialise in psychological injury claims, including PTSD, anxiety, depression, and psychiatric injury
- We understand how to evidence psychological damage using medical records and expert reports
- We support both primary and secondary victims of traumatic events, including road traffic accidents and workplace incidents
- We handle the legal process on your behalf, keeping things clear and straightforward
- We aim to secure the maximum psychological injury compensation available based on your circumstances
Claim For Psychological Injuries With Public Interest Lawyers On A No Win No Fee Basis
Our solicitors work on a No Win No Fee basis under a Conditional Fee Agreement (CFA), meaning you do not need to pay any solicitors’ fees upfront to start your psychological injury claim. This allows you to pursue compensation without financial pressure while your case is ongoing.
If your claim is not successful, you will not be required to make any payment for the work your solicitor carried out on your case. If your claim is successful, a pre-agreed success fee will be taken from your compensation in line with the terms of your agreement. This success fee will be taken as a percentage that is capped by law.
Contact Public Interest Lawyers’ Solicitors
To start your psychological injury claim, please contact our advisory team today:
- Call us on 0800 073 8803
- Contact us by completing our online form
- Use our free live chat feature
More Information
To learn more about personal injury claims, please see some of our other helpful guides:
- See the following advice about claiming for a broken sternum
- Learn how to make hit and run claims
- Get help with claiming for anixety after a car accident
Additional external resources:
- Get help with anxiety, fear and panic from the NHS
- Learn how to find a psychologist from the British Psychological Society
- Learn how to obtain CCTV footage from Gov.UK
Thank you for reading our helpful guide about making a psychological injury claim.