By Richie Billing. Last Updated 27th September 2023. Have you been involved in a non-fault road traffic accident and are wondering if you can claim for anxiety after a car accident? A car accident can be a very traumatic event. You may develop psychological and physical injuries if you are involved in a car accident. Such as anxiety or post-traumatic stress disorder. Sometimes, you can claim compensation for psychological damage.
If there is evidence that another party is responsible for your injuries, you could claim compensation for the mental health conditions caused by a car accident. If you are eligible to claim, Public Interest Lawyers could help you. We work with a panel of knowledgeable No Win No Fee solicitors with solid experience helping claimants like you win the compensation they deserve.
So, contact our team now:
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To have a valid compensation claim for anxiety after a car accident, you will need to establish the following:
- You were owed a duty of care by another road user.
- They breached this duty of care.
- This breach caused your injuries.
All road users owe each other a duty of care to use the roads in a way that prevents others as well as themselves from becoming injured or sustaining damage. To uphold this duty, road users should follow the Highway Code and the Road Traffic Act 1988.
For more advice on seeking compensation for physical and psychological injuries such as whiplash and anxiety following a car accident, contact our team of advisors for free today.
Making A Whiplash And Anxiety Claim
As part of your car accident claim, you may seek compensation for other injuries besides anxiety, such as whiplash. The Whiplash Reform Programme introduced in 2021 changed the way certain low-value road traffic accident claims are made for drivers and passengers over the age of 18. In these instances, the claim would be made via a different avenue.
Furthermore, as part of these changes, whiplash injuries are now valued by fixed amounts from a tariff set out in the Whiplash Injury Regulations 2021. Other injuries not included in the tariff will be valued in the usual way. Also, if the total value of your claim comes above £5,000 you will claim via the traditional route but whiplash injuries will still be valued according to the tariff.
You can learn more about compensation amounts for whiplash and anxiety in a later section of this guide or by contacting our advisors for free today.
If you are eligible to make a personal injury claim for anxiety after a car accident, you will need to ensure that you start proceedings within the correct time limit. Generally, you will have three years to start your claim from the date of the accident that injured you.
However, there are certain exceptions to this time limit. For example, for those under the age of 18, the time limit is paused until their 18th birthday. Before this date, a court-appointed litigation friend could make a claim on their behalf. If a claim has not been made by their 18th birthday, the injured party will have three years to start one.
Furthermore, the time limit is suspended indefinitely for those who lack the mental capacity to make their own claim. In this instance, a litigation friend could claim on their behalf. If the injured party were to regain this mental capacity and a claim has not already been made, they will have three years to start one from the date of recovery.
Speak to our advisors to see if you are within the time limit to start your claim. They can also discuss any questions you may have about making a whiplash and anxiety claim.
If you are interested in making a whiplash and anxiety claim, you will have to be able to prove your injuries. This is why collecting evidence is such an important step in the claims process. Evidence can help prove not only the severity of your injuries but also how they occurred and who is responsible.
Some examples of evidence you could use to support an anxiety after whiplash claim include:
- Medical records: Your medical records can provide details on your injuries and the treatment you have received. These can help prove the severity of your whiplash and anxiety.
- CCTV footage: CCTV footage of the accident that caused your injuries can be used to help establish liability, as well as how your injuries occurred.
- Witness statements: Taking the contact details of witnesses ensures that their statements can be taken at a later date.
- Photographs: Photographs of the accident site as well as any bruising caused by the whiplash can help prove your claim.
One benefit of working with a solicitor from our panel is that they can help you gather evidence and support your claim. To find out if a solicitor from our panel could assist you, contact our team of friendly advisors today.
Following a successful car accident claim, you may receive payments for both general damages and special damages. General damages covers you for the pain and suffering your injuries have caused, and this head of claim is awarded to every successful claimant. This covers both physical and psychological injuries, such as whiplash and anxiety.
The table below contains figures from the Judicial College Guidelines (JCG), a text that is often used when valuing general damages in personal injury compensation claims, as it provides guideline compensation brackets for different injuries.
The table also includes a couple of entries from the fixed tariff set out in the Whiplash Injury Regulations 2021. Please note that the first entry in this table is not from the JCG.
|How Were You Injured?
|Notes On This Injury
|Multiple Serious Injuries Plus Financial Losses
|If you have suffered multiple serious injuries due to a car accident, then you may receive compensation for all of these plus special damages, which may include loss of earnings or care costs.
|Up to £1,000,000+
|Severe Reactive Psychiatric Disorder (PTSD)
|Symptoms with impacts extending into all parts of this person’s life. They are likely not able to cope with life as before the trauma or return to work.
|£59,860 to £100,670
|Moderately Severe Reactive Psychiatric Disorder (PTSD)
|Psychological damage leading to significant disabilities. It is possible for the person to recover to some degree.
|£23,150 to £59,860
|Moderately Severe Psychiatric Injury (PTSD)
|Whilst there has been a better prognosis, the injury is still significantly impacting this person’s life.
|£19,070 to £54,830
|Amputations – Loss Of Both Legs With Psychological Problems (A) (i)
|Both of the persons legs are lost above the knee or where one leg has been amputated above the knee.
|£240,790 to £282,010
|Amputations – Below-knee Amputation of Both Legs With Psychological Problems (A) (ii)
|Both legs have been amputated below the knee joint.
|£201,490 to £270,100
|(B) Facial Disfigurement Very Severe Scarring
|Psychological reaction is severe.
|£29,780 to £97,330
|(A) Complex Regional Pain Syndrome (CRPS)
|psychological problems exist with this condition.
|£52,500 to £84,010
|Whiplash Amounts According to The Whiplash Injury Regulations 2021
|More than 18 months, but not more than 24 months with a minor phycological injury
|Whiplash Amounts According to The Whiplash Injury Regulations 2021
|More than 15 months, but not more than 18 months with a minor phycological injury
You may also be eligible for special damages, which cover the financial losses caused by your injuries. For example, special damages could cover the cost of:
- Lost earnings caused by taking time off work to recover
For guidance on the compensation you could potentially receive for anxiety after a car accident, call our team on the number above.
If you have suffered post-traumatic stress disorder or anxiety after a car accident, Public Interest Lawyers may be able to help. Our panel of lawyers are experienced in handling claims for psychological injuries. If you believe you have evidence to support a claim, and if you meet the right criteria, a lawyer from the panel can work on your claim.
The solicitors on our panel often work on a No Win No Fee basis using a Conditional Fee Agreement as a funding contract. You won’t have to pay a solicitors fee upfront. Instead, you will only pay a success fee if you win your claim. What’s more, the majority of your payment goes to you as any success fee is legally capped. If the claim fails, there is nothing to pay the solicitor for their service.:
- Call our helpline on 0800 408 7825
- Contact us via our website
- Or use the Live Advice widget to ask our team a question
These guides could be helpful if you have experienced anxiety or other mental health problems after a car accident.
- Road Accident Compensation – Traffic Accident Claims
- How To Successfully Claim Car Accident Compensation
- £16,000 Compensation Payout For A Simple Leg Fracture With Anxiety And Special Damages
- How to cope with anxiety – NHS guide
- Help for people who suffer from anxiety from the NHS
- What is mindfulness? – a guide from mental health charity Mind
Thank you for reading this compensation claims guide. We hope it answered the question, “Can I claim anxiety after a car accident?“.