After the trauma of a serious road collision, you may be asking ‘Can I claim for anxiety after a car accident?’ This article aims to answer that question and guides you through the options that may be open to you for seeking compensation.
A serious car crash can cause both physical symptoms and psychological injury for years to come. The trauma of the event may mean you are unable to function as you did before. Knowing how to claim compensation could help you through your recovery, so we start by looking at who is eligible to launch a claim like this.
After discussing eligibility criteria, we move on to the evidence you can gather to bolster your claim. Furthermore, we explain how compensation is calculated and what types of harm it can cover. To close our guide we lay out the advantages of instructing a No Win No Fee solicitor to help.
Why not chat about personal injury claims now with our friendly team? You can:
- Call us 24 hours a day, 7 days a week on 0800 408 7825 for a free consultation.
- Contact us via our online form.
- Ask ‘How much compensation could I claim for psychological injuries?’ in the live discussion box.
Jump To A Section Of Our Guide
- Can I Claim For Anxiety After A Car Accident?
- When Could I Claim For A Car Accident?
- How Can I Claim For Anxiety After A Car Accident?
- What Compensation Could You Receive For Anxiety After A Car Accident?
- Claim Compensation For Anxiety After A Car Crash On A No Win No Fee Basis
- Read More About Claiming For Anxiety Attacks After A Car Accident
Can I Claim For Anxiety After A Car Accident?
While navigating Britain’s roads, you and all other road users must use them in a manner that prevents injury and damage. This is a legal obligation, known as a duty of care, placed on everyone using the roads, including those in cars and other vehicles, motorbike riders and pedestrians. To adhere to this duty, the Road Traffic Act 1988 should be adhered to. There are also overlapping obligations and rules in The Highway Code. They outline a host of precautions drivers can take to keep themselves and other people safe when operating their cars and navigating the roads.
Failure to properly comply with this duty can cause a crash. This may create both physical and psychological injuries. If you were involved in a collision, or witnessed a death, you may be suffering from a level of anxiety and post-traumatic stress disorder (PTSD) as a consequence.
Making a personal injury claim for psychological damage after a car accident hinges on certain criteria. You must show the following:
- Another motorist owed a duty to you at that moment.
- The other motorist(s) breached that duty. For example, by exceeding the speed limit.
- You suffered psychological harm (and/or physical injury) as a consequence of an accident caused by this breach.
These three points define negligence. All three must apply to have an eligible personal injury claim.
Why not access help to answer the question, ‘Can I claim for anxiety after a car accident?’. Take the first step of seeing if your claim is eligible by running it past our advisors.
When Could I Claim For A Car Accident?
We now turn to some scenarios where it could be possible to make a personal injury claim after these road traffic accident examples:
- An intoxicated motorist collides with you at a junction and kills the driver, traumatising you as a passenger.
- A speeding motorist rear-ends your vehicle. Severe anxiety could be just part of several injuries.
- After suffering a scarred face in a road traffic collision, your self-esteem was damaged and you became depressed, anxious and unable to work.
The shock of a serious road traffic accident can affect people in complex and far-reaching ways. For guidance on whether you can claim for anxiety after a car accident or not, chat about your case with our team.
How Can I Claim For Anxiety After A Car Accident?
To launch a claim for anxiety after a car accident, it is a core requirement to submit proof of the other motorists’ negligence. To help you with this, we have compiled a brief list of useful evidence:
- Copies of psychiatric evaluations and assessments by a GP or mental health professional.
- A diary that details your symptoms and state of mind after the crash.
- Photos of the scene of the accident.
- CCTV footage of the incident.
- Dash cam footage.
- Contact information of motorists.
- Contact details of anyone who saw what happened. A personal injury solicitor might be able to obtain a supporting statement from these people at a later date.
You might also consider seeking legal help. Potentially, our panel of solicitors can assist in gathering evidence. This can help to prove your personal injury claim. Why not call an advisor to discover more?
Is There A Car Accident Claim Time Limit?
You typically have three years from the date of the car accident to file a claim, as per the Limitation Act 1980. The standard limit may vary under certain circumstances.
For claimants who are not yet eighteen years of age, the deadline is suspended. Instead, the three-year period can start on the day they turn eighteen if a claim has not been submitted on their behalf. Alternatively, the courts can appoint a litigation friend to initiate a claim on their behalf at any point prior to their 18th birthday.
If a claimant lacks sufficient mental capacity to make a claim themselves, the time limit is suspended indefinitely. Once again, a litigation friend can represent them. If their mental capacity is restored, they will have three years to file a claim starting from the date of their recovery.
What Compensation Could You Receive For Anxiety After A Car Accident?
A successful compensation settlement can consist of two heads of loss called general and special damages. Under general damages, the claimant is compensated for any psychological or physical suffering.
Supporting medical evidence is used to guide the calculation. Therefore an independent psychiatric assessment may be required as part of the personal injury claims process to prove anxiety or trauma was caused.
Also, those tasked with the job of calculating general damages can consult documents such as the Judicial College Guidelines (JCG). This lists guideline award brackets amounts for psychiatric and psychological harm as our excerpt below shows.
The top entry is not from the JCG and these amounts are strictly guidelines. Each claim is unique and will vary based on numerous factors.
Guideline Compensation Brackets
| Injury Type | Severity | Award Guidelines |
|---|---|---|
| Multiple Types of Harm and Special Damages for lost income, care costs and therapy. | Severe | Up to £250,000 plus. |
| General Psychiatric Harm | (a) Severe | £66,920 to £141,240 |
| (b) Moderately Severe | £23,270 to £66,920 | |
| (c) Moderate | £7,150 to £23,270 | |
| (d) Less Severe | £1,880 to £7,150 | |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | £73,050 to £122,850 |
| (b) Moderately Severe | £28,250 to £73,050 | |
| (c) Moderate | £9,980 to £28,250 | |
| (d) Less Severe | £4,820 to £9,980 | |
| Whiplash Injuries | A duration of 18 - 24 months with minor psychological harm. | £4,345 |
| A duration of 18 - 24 months without minor psychological harm | £4,215 |
A successful claim for anxiety might also include a payment for special damages if you have supporting documentation. This head of loss compensates the claimant for financial harm, so a claim can be submitted with:
- Payslips that show an actual or anticipated loss of income caused by missing work.
- Travel tickets and receipts for taxis to essential appointments.
- Costs for anti-depressants and anxiety medication.
- Invoices for counselling fees.
Assembling proof for special and general damages is something a solicitor can help with. As you recover from your anxiety, why not see if a skilled solicitor can handle your claim? It costs nothing to find out more on the number above.
Can I Make A Whiplash And Anxiety Claim?
Whiplash may be part of your injuries. Since the inception of the Whiplash Reform Programme on May 31, 2021, claiming compensation for certain injuries has altered.
Adult drivers and passengers with injuries worth £5,000 or less must now submit their claim in a different way. The Whiplash Injury Regulations 2021 has its own tariff of set amounts which you can see at the bottom of the compensation table.
Should you have sustained other injuries which take the total of the claim over £5,000, you can submit it in the traditional way. However, any whiplash, minor psychological injuries and soft tissue injuries may still be valued according to the tariff. Make sure you are fully compensated and call our team for free guidance first.
Claim Compensation For Anxiety After A Car Crash On A No Win No Fee Basis
At Public Interest Lawyers, we work with a panel of No Win No Fee solicitors who can ensure every facet of your personal injury claim is handled properly.
In addition to advising on gathering evidence, they can calculate potential compensation with far greater accuracy than an online calculator. They can also offer these services under a Conditional Fee Agreement (CFA) which is a type of No Win No Fee contract.
This typically means you won’t need to find money to pay upfront or ongoing fees for their services. Also, you’ll owe nothing for completed services should the claim fail. The solicitor only needs to deduct a small percentage from the compensation awarded as a success fee if your claim wins. This is subject to a legal limit, making sure you benefit most from the outcome.
Talk to our advisors to see if your claim is eligible. They could connect you with one of the No Win No Fee solicitors from our panel today:
- Reach an advisor by calling 0800 408 7825
- Contact us via our online form.
- Start the conversation by asking about claiming for car accidents through the live discussion box on this page.
Read More About Claiming For Anxiety Attacks After A Car Accident
Interested in reading more? These guides are also from us:
- We look at how to claim for depression in this guide.
- Here we look at anxiety in a leg fracture claim.
- This guide looks more broadly at road traffic accident claims for compensation.
Also, these external sources may be useful:
- Mental health charity Mind offers support to people experiencing mental health problems.
- This is a guide on cognitive behavioural therapy (CBT) from the NHS.
- Help to find a registered psychologist on the British Psychological Society website.
We hope this guide has helped answer the question ‘Can I claim for anxiety after a car accident?’ For any other helpful information, just connect with the team.