How To Make A Claim For Psychological Injury

Psychological damage often occurs due to an accident or other serious incident. Many suffer psychological injury as well as physical injury, though you can claim for psychological damage by itself. However, knowing exactly when you can claim and what you can claim for can be difficult. At Public Interest Lawyers, our panel of solicitors are experts in dealing with personal injury claims. 

From post-traumatic stress disorder to general psychiatric damage, you can be sure you’ve made the right choice if you choose to make a psychological injury claim with us. Our guide includes the ins and outs of the claims process, including who is eligible to claim, compensation amounts, evidence, and time limits.

Pick your preferred contact method today to see if you can claim compensation.

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Frequently Asked Questions

  1. Common Examples Of How Psychological Damage Occurs
  2. Can I Make A Psychological Injury Claim?
  3. The Average Amount For A Mental Health Compensation Payout
  4. How Can Compensation Help Me With A Psychological Injury?
  5. What Evidence Is Needed To Support My Psychological Injury Claim?
  6. Do I Have To Claim Within A Set Time Limit?
  7. Can I Claim With A No Win No Fee Solicitor?
  8. More Information

Common Examples Of How Psychological Damage Occurs

A psychological injury often occurs via a road traffic accident, an accident at work, or an accident in a public place. We’ve discussed the most common types of accidents that can lead to psychological trauma.

Road Traffic Accidents

All drivers must adhere to the Road Traffic Act 1988 and the Highway Code in order to fulfil their duty of care. This duty of care means that they need to use the roads in a way that prevents harm or damage to themselves or others.

Some examples of steps that drivers can take to uphold this duty of care include:

  • Driving at the designated speed limit.
  • Paying attention to all road signs.
  • Remaining distraction-free while driving.

A breached duty of care could lead to a severe car, cyclist, or pedestrian accident that could then cause post-traumatic stress disorder or another psychological injury.

Injuries Caused In The Workplace

All employers must ensure the duty of care laid out in the Health and Safety at Work etc Act 1974 is adhered to in the workplace. If not, an incident could occur, leading to psychological trauma. A few examples of how an employer can prevent potential accidents at work include:

  • Adequately maintaining machinery and equipment
  • Providing staff with training where necessary
  • Providing adequate Personal Protective Equipment (PPE) when needed

These are only a few of the steps that an employer could take to prevent an accident at work.

Accidents In A Public Place

Finally, under the Occupiers’ Liability Act 1957, all occupiers of a space (such as the local council or the person who controls a restaurant) must carry out a duty of care with acts such as:

  • Checking all public equipment is regularly maintained.
  • Carrying out regular risk assessments.

If an occupier does not take the correct steps to keep an area safe, leading to a psychological injury, this would be a breached duty of care.

Can I Make A Psychological Injury Claim?

We’ve discussed duty of care and how it applies to each of the above categories. However, to make a psychological injury claim, you will need to prove that a breached duty of care is what caused you to suffer from post traumatic stress disorder or another psychiatric injury. Put simply:

  • Someone must owe you a duty of care.
  • This duty of care was breached.
  • You suffered psychological trauma following the breach.

If there was not a breached duty of care involved in the incident, you will not be eligible to claim compensation. Don’t hesitate to get in contact with if you are unsure about eligibility or duty of care.

Woman touching head with hand.

Primary Victim

In personal injury claims, a primary victim is someone who suffers direct harm as a result of an accident or incident. For example, the driver of a car involved in a crash or somebody who fell down the stairs and suffered physical injury and psychological damage.

Secondary Victim

A secondary victim is someone who witnessed the incident happen and suffered a negative impact on their mental health due to this. While secondary victims can make a psychiatric injury claim, it is only in limited circumstances. Moreover, a secondary victim must be able to prove that they were extremely close to the primary victim: for example, a lifelong friend or an immediate relative.

Claiming On Behalf Of Somebody Else

Those who are considered to be minors, such as those under the age of 18, and those who have a reduced mental capacity, are unable to claim on their own behalf. A person with the injured party’s best interests in mind can apply to the court to become a litigation friend in order to make a claim on their behalf.

In cases concerning a fatal accident, the deceased’s estate can claim general and special damages (types of compensation) under the Law Reform (Miscellaneous Provisions) Act 1934. Additionally, close relatives can claim dependency damages under the Fatal Accidents Act 1976. Both of these acts have limitations that may be relevant to your case.

The Average Amount For A Mental Health Compensation Payout

You could receive up to £141,240 in psychological injury compensation, as per the Judicial College Guidelines (JCG), which is a document containing guideline compensation brackets. The table below includes figures from the JCG and should be used as a guide only. Please note that the first entry in this table isn’t a JCG figure.

TYPE OF INJURYSEVERITYJCG COMPENSATION
Psychiatric Damage/PTSD + Special DamagesSevereUp to £300,000+
General Psychiatric DamageSevere£66,920 to £141,240
Moderately Severe£23,270 to £66,920
Moderate£7,150 to £23,270
Less Severe£1,880 to £7,150
Post Traumatic Stress DisorderSevere£73,050 to £122,850
Moderately Severe£28,250 to £73,050
Moderate£9,980 to £28,250
Less Severe£4,820 to £9,980

Can I Claim For Psychological Injury Only?

Yes, you can claim for psychological injuries alone. You do not need to have suffered any physical injuries in order to claim for a mental injury, as both fall under the scope of general damages.

General damages compensate you for physical and psychological pain and suffering after an accident. As well as general damages, you could also receive special damages when making a psychological injury claim. Special damages compensate you for the financial losses you have suffered due to psychological trauma, such as:

  • Loss of earnings.
  • Therapy.
  • Ongoing medical treatment.
  • At-home care.
  • Prescriptions and/or medication.

If you have any queries about compensation for a psychiatric injury claim, get in touch with our advisors who will be happy to answer.

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How Can Compensation Help Me With A Psychological Injury?

Compensation can help recoup financial losses as well as fund medical treatment that could help you. For a psychological injury, it’s likely medication and therapy will be required, both of which can become costly. Making a successful psychological injury claim can help you cover these costs, and make it easier to access the treatment that you need.

To learn more about how claiming could help you, contact our team today.

What Evidence Is Needed To Support My Psychological Injury Claim?

When making psychological trauma claims, the following pieces of evidence are particularly useful:

  • Medical records showing all treatment and medication.
  • Contact details of witnesses to your treatment.
  • Proof of any financial losses.
  • A record of your thoughts and symptoms.

Do I Have To Claim Within A Set Time Limit?

Under the Limitation Act 1980, you have three years to make a personal injury claim for psychological trauma. These three years generally begin from the date of the traumatic event that caused a psychological injury.

However, if a person suffering from a psychological injury is unable to make their own claim, then the time limit is paused. This is where a litigation friend can step in and claim on behalf of the injured party. If no claim is made, and the injured party regains their mental capacity, they will have three years from the date of their recovery to initiate their own psychological injury claim.

If you would like to learn more about time limits in psychological injury claims, we recommend speaking to a member of our team today.

Can I Claim With A No Win No Fee Solicitor?

Our panel of solicitors all accept claims via a Conditional Fee Agreement. which is a type of No Win No Fee agreement. This kind of agreement means:

  • You pay a legally capped percentage of your compensation to your solicitor as their success fee, but only if you win your claim
  • No success fee is needed when a claim fails, and you also don’t need to pay any upfront or ongoing fees for their work

Working with a solicitor can make the psychological injury claims process feel much less complex, and it can help give you the peace of mind you need to recover while they work hard on your claim.

To find out how a solicitor from our panel could help you, contact our helpful team through the details below.

Contact Our Panel Of Solicitors

Now you know about who can make a psychological injury claim, we recommend getting in touch as soon as possible. You can do this by:

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More Information

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