Can I Make A Personal Injury Claim For Depression?

Yes, you can make a personal injury claim for depression if you can show that you have a diagnosed psychiatric condition caused or worsened by the negligent actions of a third party. Common scenarios leading to clinical depression include high-intensity collisions on the road, incidents of medical negligence, and traumatic accidents at work or in public places.

Having a clinical diagnosis of depression, or a related condition such as anxiety, alone is not sufficient to make a personal injury claim. You must meet 3 criteria to have a valid claim for depression:

You Were Owed A Duty Of Care: You must have been owed a duty of care by a business, organisation, or individual at the time of the incident that led to your depression developing or worsening. This means they had a legal obligation to take reasonable steps to protect you from foreseeable harm.
The Duty Was Breached: This means that the party failed to act as a reasonable person would have. In the context of a claim for depression, this could include an employer failing to follow safety procedures or a speeding driver causing a high-impact collision.
You Suffered Depression: Finally, the breach must have directly led to a recognised psychiatric illness, as classified under the ICD-11 (International Classification of Diseases). In addition to depression, you can claim for any psychological or physical harm you suffered in the same incident.

Can I Claim For Depression Alongside Other Injuries?

Yes, you can claim for depression alongside other injuries, as compensation can cover both physical and psychological trauma caused by a negligent third party. For example, if a serious car crash caused by a drink driver left you with fractures and depression, your settlement will be calculated to cover the full impact of this harm.

What If I Only Suffered Psychiatric Injuries And Not Physical?

If you only suffered psychiatric injuries and not physical harm, you may still be able to claim compensation so long as someone else is at fault for the harm. This means you will need to have proof that your depression or another diagnosed psychiatric condition was caused or worsened by another party’s negligent conduct.

Can I Claim If An Accident Exacerbated Existing Depression?

You can claim if an accident exacerbated existing depression, as you can be compensated for any additional pain and suffering you experienced because of a negligent third party. Under the “eggshell” rule, claimants must be taken as found. This means that, even if you have a history of mental health problems, another party may still be held liable for any worsening of your depression caused by their failure to protect your health and safety.

At Public Interest Lawyers, we specialise in personal injury claims, helping claimants to understand their right to claim and options for doing so. Reach out today to find out how we can support you in pursuing compensation for depression.

What Accidents Could Lead To Depression Claims?

Collisions on the road, traumatic falls at work, and serious slips or trips in public are some common accidents that could lead to depression claims. This condition can also develop or be exacerbated because of medical negligence, criminal assaults, and data breaches.

Below, we look at examples of how different types of incidents could trigger (or worsen) depression.

Depression After Road Traffic Accidents

Instances of depression after a road traffic accident are common, particularly where the incident led to long-term physical injuries and/or the loss of independence. For example:

A cyclist is struck by a driver who fails to check for oncoming traffic before opening their car door. The cyclist is knocked off their bike, sustaining a serious shoulder and arm injury on landing. They become reliant on others for help with everyday tasks, developing depression due to mobility issues and cycling-related anxiety.
A pedestrian is struck by a speeding vehicle that fails to stop at a zebra crossing. They develop depression and anxiety due to their experience, which prevents them from leaving their home and returning to work.

Workplace Injury Caused Depression

Accidents at work, such as those caused by poor health and safety procedures, can cause both physical injuries and depression. These can impact workers’ health, ability to work, and their mental health. For example:

A scaffolder at a construction site falls from a significant height due to a lack of safety railings. They suffer a traumatic brain injury, later developing depression.
A factory worker is asked to move hazardous materials without proper personal protective equipment. This splashes on their face, burning and permanently scarring their skin. Due to the cosmetic impact and trauma of the incident, they develop depression, anxiety, and low self-esteem.

Public Place Accident Depression Claims

An accident in a public place could leave you with traumatic flashbacks to the incident in which you were harmed. This could have a serious and negative effect on your well-being. For example:

A pedestrian trips on broken paving in a shopping centre, severely injuring their ankle. Their reduced mobility leads to them developing depression and post-traumatic stress disorder (PTSD).
A ladder at a swimming pool is known to be defective, but the public is still allowed to use it. When it collapses under the weight of a swimmer, they strike their head and sustain deep facial lacerations. This results in them developing depression and exercise-related anxiety.

Depression After Medical Negligence

Instances of medical negligence can be sudden, unexpected, and traumatic. Depression and other forms of psychological injury can be triggered by the trauma experienced, as well as the loss of both your health and trust in medical providers. For example:

An anaesthetic error occurs during a caesarean section, leaving the mother in extreme physical pain and trauma. She has to be put under general anaesthetic, later developing depression and other forms of mental health injury.
An avoidable surgical error causes a patient to require several corrective surgeries. The patient suffers physical trauma, pain, and psychological injuries, including emotional distress.

Criminal Injury Led Depression

Criminal injuries, such as those caused by abuse, assault, and other violent crimes, can lead to depression. For example:

A person is a victim of an assault in a public space they regularly visit. In addition to several physical injuries, they develop depression and anxiety, and are no longer able to visit the area where the incident occurred.
The survivor of a long-term pattern of domestic abuse subsequently develops depression as well as other mental health problems.

Criminal injury claims differ from personal injury claims and are made through the Criminal Injuries Compensation Authority (CICA). Read more in our comprehensive criminal injuries claim guide.

Depression Claims After A Data Breach

Data breaches can trigger depression and other forms of psychological injury when personal information is compromised by an organisation’s failure to uphold data protection legislation. For example:

A medical data breach could make sensitive medical records about a health condition, diagnosis or medication public.
A social services data breach exposes your current address to an abusive ex-partner by sending a letter to the wrong address. You experience genuine fear and depression.

Data breach claims may follow a different process, requiring different evidence than other personal injury claims.

If your depression was caused or triggered by an incident which was not your fault, you don’t have to navigate the claims process alone. Public Interest Lawyers are on hand to provide clear support, guidance, and an assessment of your personal injury claim for depression.

What Are The Signs And Symptoms Of Depression?

Depression can involve complex and widely varying symptoms, with presentation including loss of interest in activities, low energy, changes in sleep patterns, and sadness, among others. Symptoms can present psychologically, physically, and socially.

Psychological signs and symptoms:

Sadness/ low mood.
Hopelessness/ helplessness.
Low self-esteem.
Irritability.
Lack of motivation or interest in activities.
Difficulty in making decisions.
Anxiety.
Thoughts of self-harm or suicide.

Physical symptoms:

Speaking or moving more slowly.
Weight and/or appetite changes.
Low energy.
Loss of libido.
Difficulty falling asleep or waking up.

Social symptoms:

Avoiding social activities/time with friends.
Loss of interest in hobbies.
Other difficulties in your home and/or work life.

This is a non-exhaustive list of how depression symptoms in adults may present. We understand that experiencing these symptoms can be overwhelming. You can contact your GP if you have experienced any of the signs and symptoms. Public Interest Lawyers are also on hand to assist with your mental health compensation claim.

How Much Compensation Could I Claim For Depression After An Accident?

If your claim succeeds, how much compensation you could claim for depression after an accident will depend on the severity of the condition, how it affects your daily life, and whether you have also incurred financial losses. Our solicitors often value these types of claims using the Judicial College Guidelines (JCG), a document that lists suggested compensation brackets for both physical and psychological harm.

Our table uses several JCG figures, with the exception of the high-valued entry. This is not from the publication, and none of the amounts listed guarantees compensation for a personal injury claim made for depression.

Harm	Severity	Compensation
Multiple, severe forms of psychological damage plus lost earnings and the cost of therapy and prescriptions for antidepressants	Severe	Up to £250,000+
Psychological damage	Severe. Resulting in marked problems in multiple areas of the person's life.	£72,440 to £152,900
	Moderately severe. Significantly affecting the person, but, with a prognosis which is much more optimistic.	£25,190 to £72,440
	Moderate. Marked improvements prior to the time of the trial.	£7,740 to £25,190
	Less severe. The extent of the impact on daily activities and the period of disability affects compensation.	£2,040 to £7,740
Post-traumatic stress disorder	Severe. The person is prevented from working (as before or at all) due to the permanent effects of the harm suffered.	£79,080 to £133,000
	Moderately severe. The prognosis is better than above if professional help is sought.	£30,580 to £79,080
	Moderate. There are no grossly disabling continuing effects and the person is largely recovered.	£10,810 to £30,580
	Less severe. In 1-2 years the person could virtually fully recover.	£5,220 to £10,810

Can A Personal Injury Claim For Depression Cover Financial Losses?

Yes, a personal injury claim for depression can cover financial losses directly resulting from the condition, such as the cost of therapy and lost income. Such costs can be compensated under special damages, which may also account for:

Loss of future earnings if your depression affects your capacity to return to work at the same level (if at all).
Support from professional carers or family if your condition means you need help with managing cooking, cleaning, or other everyday tasks.
Private cognitive behavioural therapy (CBT) or interpersonal therapy (IPT).
Prescriptions for antidepressants, such as SSRIs (Selective Serotonin Reuptake Inhibitors).
Travel costs incurred from attending therapy sessions and medical appointments to support your depression, including the cost of fuel or public transport.

You can only be compensated for your financial losses if you have evidence of them. This can include receipts for prescriptions, invoices from therapists, and payslips.

Reach out today to share your situation confidentially and receive advice from our supportive team about how compensation for depression may be calculated.

What Will I Need To Prove Depression Was Caused By An Accident?

The evidence you will need to prove depression was caused by an accident includes detailed official incident reports, a diagnosis from a qualified mental health professional, and copies of your medical records. Your patient notes, for example, can document the onset of symptoms and their progression following the accident. You can read more about the evidence needed for a psychological injury claim in this resource.

Public Interest Lawyers provides dedicated support, ensuring every client has access to expert assistance when gathering the evidence needed to build the strongest possible case. If you’d like to learn more, our team is available to chat today.

How Long After An Accident Can I Claim Compensation For Depression?

You typically have 3 years after an accident to claim compensation for depression, as set by the Limitation Act 1980. However, there are some exceptions, and the time limit for claims involving criminal injuries or data breaches differs. We outlined these differences in our guide on the limitation period.

Our advisors are also available to answer any specific questions you may have about how time limits might apply to your specific circumstances.

How Can Public Interest Lawyers Help My Depression Personal Injury Claim?

When a traumatic accident causes you to develop depression or worsen an existing condition, you need a legal team that takes the time to understand the profound impact this can have on you. At Public Interest Lawyers, we provide bespoke support that prioritises your mental health while handling every part of the claims process for you. We aim to help you focus entirely on your wellbeing and recovery by:

Documenting how your depression affects your relationships, work, and social life to ensure your claim is fully and accurately valued.
Connecting you with trauma-informed mental health services, including professionals specialising in CBT or eye movement desensitisation and reprocessing (EMDR).
Arranging an independent medical assessment with a qualified psychiatrist or psychologist to document the severity of your depression and its impact.
Providing expert guidance through the depression personal injury claims process, helping you collect the evidence needed and explaining technical terms used.
Negotiating to secure a settlement that reflects how your depression has affected your life and future wellbeing, including lost earnings and long-term therapy costs.

Make A Personal Injury Claim For Depression On A No Win No Fee Basis

You can make a personal injury claim for depression on a No Win No Fee basis with one of our solicitors under the terms of a Conditional Fee Agreement (CFA). This means that we do not charge any service fees for the solicitor’s work during the entire claim, including:

Prior to work starting on your case.
Throughout the claims process.
If you are not awarded compensation for depression.

If you win your claim, your solicitor will receive a small success fee. They will outline this in your agreement, with the fee being charged as a legally limited percentage of your compensation.

Contact Our Team To Begin

No matter whether your depression was triggered by an accident, data breach, instance of medical negligence, or violent crime, our team could help you. Please get in touch with our team today:

Phone our team on 0800 408 7825.
Click to talk to us online.
Use our form to contact us.

More Information

Here you can find more information on personal injury and other compensation claims:

View our guide on how to claim for anxiety after a car accident.
Learn more about how to claim for anxiety due to a data breach.
View our mental health compensation calculator.

References:

Learn more about depression in adults in this NHS resource.
This NHS resource provides information on post-traumatic stress disorder.
Government information on Statutory Sick Pay.

If you have been impacted by any of the issues raised in this guide or are ready to make a personal injury claim for depression, please contact us today.

Personal Injury Claims For Depression – Mental Health Compensation Explained

Free Advice on Compensation Claims

Meet Sharron Hallett

Personal Injury Claim For Depression – How To Make A Claim

Jump To A Section