By Stephen Anderson. Last Updated 26th September 2024. In this article, we explain how we can offer you an alternative to using an online mental health compensation calculator. We also look at how this can be more accurate when valuing a claim.
When we think of personal injury claims, we may think of people claiming compensation for physical injuries, such as a broken leg or whiplash. However, some accidents or incidents can result in psychological injuries. For example, following a serious car accident, the injured person may develop post-traumatic stress disorder (PTSD).
Have you experienced mental health problems after an accident that was not your fault? Then you may be eligible to claim mental health compensation for your injuries.
This guide will explain how a distressing accident can lead to psychological damage and how much a psychological claim could be worth. What’s more, we have included a mental health compensation calculator table to help you estimate how much you could claim.
Public Interest Lawyers can provide you with a skilled personal injury solicitor from our panel to manage your claim if you have strong grounds. We can value your claim accurately to ensure that you receive the right amount of compensation.
To begin your claim, please call Public Interest Lawyers on 0800 408 7825. Or contact us in writing via our website.
Select A Section
- What Is A Mental Health Compensation Calculator?
- How Is A Mental Health Compensation Payout Calculated?
- Who Is Eligible To Make A Mental Health Claim?
- Compensation For Stress And Other Mental Injuries – The Time Limit For Claims
- How To Prove A Mental Health Compensation Claim
- Claim For A Psychological Injury With No Win No Fee Solicitors
- Learn More About Claiming Mental Health Compensation
What Is A Mental Health Compensation Calculator?
A mental health compensation calculator is a tool that can provide approximate figures for mental health compensation. They do this by calculating values based on the figures you put in.
However, they don’t always include financial loss estimates and are often missing a lot of the details a solicitor can provide. We have provided a compensation table with a section on financial losses in this guide instead of a calculator tool.
You could be eligible to receive a mental health compensation payout if you can demonstrate that you suffered some form of psychological distress as a result of the actions of a third party. This could be your employer, a road user, the occupier of a public place or a medical professional.
Psychological trauma compensation can be awarded for a broad range of different psychiatric injuries, ranging from minor distress to much more serious and prolonged conditions. Examples include:
- Stress.
- Anxiety.
- Clinical depression.
- Post-traumatic Stress Disorder (PTSD).
We have given an explanation of the duty of care owed in different contexts in a later section. To find out more about claiming psychological distress compensation, speak to our advisory team using the contact information provided above.
How Is A Mental Health Compensation Payout Calculated?
If you make a successful claim for a mental health injury, your compensation payout could consist of two parts. These are general and special damages.
General damages compensate for the mental suffering and loss of amenity (the impact that the injuries have on your lifestyle) caused by your emotional injury. Additionally, if you suffered a physical injury in the same incident that caused your mental health damage, you could be compensated for it under this head.
When assigning value to personal injury claims, legal professionals may refer to the Judicial College Guidelines (JCG) to help them. This document provides guideline compensation brackets for various types of injuries, including those to your mental health.
In our table below, we look at a few figures given for mental health injuries from the JCG. We’ve also given a figure in the top row to show you how you could be compensated for the mental damage and related expenses. This figure is not from the JCG. As every claim is different, we’ve only provided it for guidance.
| Mental Health Injury | Level Of Injury | Compensation Guideline |
|---|---|---|
| Severe Psychological Harm With Financial Losses | Severe | Up to £200,000+ |
| Psychiatric Damage | Severe | £66,920 to £141,240 |
| Psychiatric Damage | Moderately Severe | £23,270 to £66,920 |
| Psychiatric Damage | Moderate | £7,150 to £23,270 |
| Psychiatric Damage | Less Severe | £1,880 to £7,150 |
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 |
| Post-Traumatic Stress Disorder | Moderately Severe | £28,250 to £73,050 |
| Post-Traumatic Stress Disorder | Moderate | £9,980 to £28,250 |
| Post-Traumatic Stress Disorder | Less Severe | £4,820 to £9,980 |
You can speak to one of our advisors if you would like to know more about how much compensation for psychological damage in the UK could be awarded. In addition to answering your questions, they can give you an individualised claim valuation for free.
Special Damages And Mental Health Compensation Payouts
Additionally, you might also be awarded special damages as part of your mental health compensation payout. This second head of claim seeks to reimburse you for the financial losses that have been caused by your mental injury.
Here are a few examples of losses you might be able to claim under special damages:
- Therapy costs.
- Prescription costs.
- Travel expenses.
- Loss of earnings for time spent off work to recover.
You should submit proof of your expenses, such as receipts, invoices, and payslips.
If you would like a free valuation of your potential mental health compensation, please get in touch with an advisor. They can also discuss what evidence you might need to submit to claim under special damages and other matters such as using an anxiety compensation calculator.
Who Is Eligible To Make A Mental Health Claim?
You could be eligible to make a mental health claim if you can prove that:
- You were owed a duty of care by the defendant
- The defendant failed their duty of care
- This failure caused you to suffer harm
You could be owed a duty of care in various situations. For example:
- All road users have a duty of care to behave in a way that reduces the risk of harm whilst on the roads under the Road Traffic Act 1988.
- Occupiers of a public place have a duty of care to ensure their premises are reasonably safe for any visitors, as outlined in the Occupiers’ Liability Act 1957
- In medical settings, medical professionals have a duty to provide care that is reasonably expected. Mental health medical negligence could occur if this is not provided.
If you have evidence that you have suffered a mental health injury as a result of a duty of care being breached, you may have grounds for a valid personal injury claim.
If you have questions about your eligibility to claim compensation for emotional distress in the UK, our advisors will be happy to help if you get in touch.
Compensation For Stress And Other Mental Injuries – The Time Limit For Claims
There’s a three-year time limit for starting a personal injury claim, such as a mental health compensation claim, as established by the Limitation Act 1980. The time limit will usually start from the date of the incident that caused your psychological injury. However, the time limit can function differently under certain circumstances.
If the injured person lacks the mental capacity to seek psychological damage compensation on their own, then the three-year time limit will be put on hold indefinitely. If this does happen, then a litigation friend could start a claim on behalf of the injured person. However, if the injured party later recovers their mental capacity and a claim hasn’t already been made, then they will instead have three years to start their own psychological injury claim starting from the date of recovery.
If a child has suffered a mental health injury, then the time limit for them to start a claim won’t become active until the day of their 18th birthday. A litigation friend could claim on the injured child’s behalf before they reach that age.
Contact our advisors for free today if you would like to discuss your eligibility to start a claim. Our team can also discuss other related matters, such as whether you can use a mental health compensation calculator to determine the value of your potential case.
How To Prove A Mental Health Compensation Claim
When seeking compensation for emotional distress, as with any personal injury claim, you need evidence to show that your injury was caused by third-party negligence. One of the experienced and specialised solicitors from our panel could help build your case so you can potentially receive compensation.
Evidence you may need to receive a mental health compensation payout includes:
- Medical reports – A doctor or another medical professional’s reports could help illustrate the extent of your injury. If you’re seeing a therapist because of anxiety due to pressure at work, for instance, a note from your therapist could help.
- Witness statements – Witnesses of the cause of your stress and anxiety could prove very valuable to your claim. You could ask for their contact details. Your solicitor would then contact them during the claim to take a statement.
- A list of treatment/prescriptions – If you’re having to take medication, such as anti-depressants, evidence of this could prove how the negligence has negatively impacted you.
- Footage of the abuse – If footage of the abuse can be located, this could help your case. CCTV footage can be requested. However, it isn’t always possible to find such footage in these types of cases.
Please remember, in relation to the UK, that if you’re claiming in Scotland and Northern Ireland, the process for seeking compensation could differ from the one in England and Wales. To learn more about your eligibility to claim, or if you’re seeking an anxiety compensation calculator, please contact us for free legal advice using the above details.
Claim For A Psychological Injury With No Win No Fee Solicitors
If you’re eligible to make a claim for a psychological injury, you might be interested in working with No Win No Fee solicitors. A No Win No Fee solicitor could potentially offer you a Conditional Fee Agreement (CFA). Solicitors who process claims on this basis don’t require upfront or ongoing fees.
A No Win No Fee solicitor can help you claim emotional distress compensation in the UK, no matter your current financial situation. Further benefits of working with solicitors under this type of arrangement include:
- No hidden costs as you’ll agree to any fees with your solicitor before claiming
- Only paying a success fee to your solicitor if they help you claim compensation
- The fee you pay is capped at 25% under the Conditional Fee Agreements Order 2013
- No success fee to pay to your solicitor if your claim is unsuccessful
If you think you would benefit from working with a specialist solicitor from our panel, you can get in touch with our advisors at any time to check your eligibility. We offer free consultations with no obligation to claim with us afterwards.
- Call Public Interest Lawyers today on 0800 408 7825
- Use our Live Support widget to communicate with us
- Or please get in touch with us via our website
Please be aware: we understand that claims concerning mental health can be sensitive. Our advisors and panel of solicitors are trained professionals and treat claimants with respect.
Learn More About Claiming Mental Health Compensation
We hope this guide to making a mental health claim has been helpful. You may also wish to consult the following information:
- How To Make A Personal Injury Claim For Psychological Damage
- £21,000 Compensation Payout For A Head Injury
- £16,000 Compensation Payout For A Simple Leg Fracture With Anxiety And Special Damages
- A guide to mental health conditions from the NHS
- An NHS guide to head injuries and concussions
- Support and services for people suffering from a mental health problem, from the charity Mind
- How To Claim Back Pain Compensation
- Personal Injury Medical Appointments Explained
Thank you for reading our online mental health compensation calculator guide.