Can I Make A Psychological Injury Claim?
100% No Win No Fee
Read our guide to find out how to make a psychological injury claim and the steps involved in securing compensation.
Excellent Reviews On
Can I Make A Psychological Injury Claim?
100% No Win No Fee
Read our guide to find out how to make a psychological injury claim and the steps involved in securing compensation.
Excellent Reviews On
As featured in:
Psychological injuries can have wide-reaching consequences on our day-to-day lives, affecting our relationships, work, and ability to do the things we love. If your mental health has been damaged in an accident that wasn’t your fault, you may be able to make a psychological injury claim.
In this guide, we’ll discuss the process of pursuing compensation, beginning with a look at the eligibility criteria for making a claim. You’ll then read about what factors may be considered when calculating compensation for psychological injuries.
Our guide will also take a look at different types of mental health conditions and some scenarios in which they might lead to a valid compensation claim. Finally, we’ll highlight some of the many services offered by our dedicated solicitors.
Whether short, long-term, or even permanent, psychological trauma can have a lasting legacy on our lives and financial wellbeing. Our solicitors have seen that first-hand while successfully advocating for clients across the country. That’s why they always tailor their services to meet the unique needs of each and every one of their clients.
For more information and to see if you can make a personal injury claim, contact our advisors now:
- Call 0333 091 8598.
- Get connected to an advisor directly through live chat.
- Contact us online.
Can I Make A Psychological Injury Claim?
Yes, you can make a psychological injury claim, but you need to meet specific criteria in order to do so.
There are certain situations where another person is responsible for your safety and well-being. This legal obligation is known as a duty of care, and the failure to uphold it is an essential element of any compensation claim.
To be potentially valid, your psychological injury claim has to show that:
- Somebody owed you a duty of care.
- They breached this particular duty.
- You suffered a psychological injury due to this breach.
Later on in this guide, we’ll provide further insight into this criteria by having a look at scenarios where a claim might arise.
Speak to us now for a free case assessment, and we’ll help you determine the eligibility of your claim.
Why use us?
Free Consultation
We offer a free consultation to anyone looking to make a claim
No win, no fee
Claim experts
We use solicitors who have handled thousands of claims
Is There A Time Limit To Claiming Psychological Compensation?
Under the Limitation Act 1980, there is a 3-year time limit for claiming psychological compensation. However, there are some exceptions where this time limit is paused for groups who cannot independently make a psychological injury claim:
- Minors: The time limit is suspended until a child turns 18. That means minors have until their 21st birthday to begin a compensation claim.
- Reduced Mental Capacity: Unless an individual regains their mental capacity, the time limit will stay frozen. If capacity does return, then the standard 3 years will take effect from the date of recovery.
Alternatively, someone from the above groups can be represented by a litigation friend to seek compensation while time limits are on hold. The court will make the appointment after determining the suitability according to the following criteria:
- There’s no conflict of interest.
- The individual is capable of making competent and fair decisions related to the claim.
This role can be filled by any eligible adult (often a parent or solicitor) who can claim on another’s behalf and perform various duties in their best interests.
Contact us now for more information on personal injury claim time limits. Our advisors can also explain the process of claiming on behalf of somebody else and provide a free, no-obligation case assessment.
What Injuries Are Classed As Psychiatric Damage?
Many kinds of injuries can be classed as psychiatric damage. Per the British Medical Association, there were more than 5 million referrals made in England for mental health services:
- Post-Traumatic Stress Disorder (PTSD): Often occurs because of a traumatic event, such as a road traffic accident. It can have a debilitating effect on day-to-day life, and cause flashbacks and nightmares. According to the NHS, 1 in 3 people are estimated to develop PTSD after a traumatic event.
- Generalised Anxiety Disorder (GAD): May present as uncontrollable feelings of anxiety, stress, or worry. It can lead to exhaustion, irritability, or difficulty sleeping. Such symptoms can also be accompanied by the development of specific phobias or a panic disorder. Anxiety may develop for a multitude of reasons, such as unsafe work environments.
- Depression: Characterised by long-lasting feelings of hopelessness and unhappiness. Depression can also lead to thoughts of suicide or self-harm. The condition may develop after a loss, such as the death of a loved one in a fatal accident.
We understand that conditions like those outlined above can often have a far-reaching impact on day-to-day life and overall health. If you want to share your particular experience, please reach out to us today. Our advisors are here to listen confidentially and can also provide you with guidance on the psychological trauma claims process.
The Average Payout Amounts For Psychological Damage
Since every personal injury claim is unique, any ‘average’ payout for psychological damage might not be particularly relevant to your circumstances.
If your psychological injury claim is successful, general damages will be the starting point of your compensation. This part of the claim will compensate you for your injuries and loss of amenity, which is the impact on your quality of life. To assess these damages, your solicitor may refer to the Judicial College Guidelines (JCG), a document that provides suggested compensation brackets for every kind of injury.
Our compensation calculator below uses the JCG as a source. Simply select your injury type, and you’ll instantly see a bracket from the publication. However, since those brackets are only suggestive, please note that the tool is intended only for guidance.
How Is The Final Compensation Figure Determined?
The final compensation figure for a psychological injury claim may be determined by whether special damages are awarded. These damages can help you recoup any financial losses stemming from your psychological injuries (and any others).
For instance, you may be able to claim for:
- Current and future loss of earnings due to time taken off from work, demotion, or termination of employment.
- Professional care or assistance from loved ones. For example, you might need help with meal preparations or performing other day-to-day tasks.
- Medical expenses, including prescriptions, therapy, and counselling.
- Transportation costs incurred while attending medical appointments.
- Accessibility improvements to your home or vehicle if you also suffered injuries that impacted your mobility, such as a walk-in shower.
To claim special damages, you will have to provide evidence of your losses. This proof can vary but often includes bank statements, payslips, and invoices.
If you have any questions about compensation, feel free to reach out to our team. They’re here 24/7, so you can always be assured of a quick response. Otherwise, please keep reading and consider using our helpful calculator tool.
Compensation Bracket: 0.00
What Accidents Can Lead To A Psychological Injury?
Below, you will find some of the more common types of accidents which may lead to a psychological injury claim, together with example scenarios:
In The Workplace
Your employer has a responsibility to protect your well-being, health, and safety. This is their duty of care, which is established by the Health and Safety at Work etc. Act 1974 (HASAWA). If an employer causes you to suffer an injury because they don’t meet their lawful responsibilities, it may be the basis for a valid accident at work claim.
- Example: You suffer a crush injury to your arm when you are instructed to operate a machine without being given any training or appropriate safety gear. The factory accident also leads you to develop PTSD, which seriously impacts your daily life in the long term.
On The Road:
All road users have a duty of care towards each other. That duty means individuals like motorists, cyclists, and pedestrians must navigate the roads in a way that avoids causing injury to themselves and others. They must also follow the rules and regulations of the Highway Code and the Road Traffic Act 1988.
- Example: A sudden rear-end collision leaves you with a neck injury and severe anxiety. In this case, you may be able to make a road traffic accident claim as the driver had been going over the speed limit at the time they collided with your vehicle.
In Public Places
Those who control a public place are expected to use practical measures to ensure the reasonable safety of visitors. That duty of care is defined by the Occupiers’ Liability Act 1957.
- Example: While you’re shopping in a supermarket, an improperly secured shelf falls on top of you, knocking you down. In addition to a serious chest injury, you develop anxiety that affects your day-to-day activities. The supermarket had failed to provide their staff with appropriate training and hadn’t performed regular inspections of shelving.
These examples are only intended to illustrate how a claim might happen, so please don’t hesitate to get in touch to discuss your own unique experience. All advice given is strictly confidential, and you can get a free case assessment without any obligation to proceed with a psychological injury claim.
What Evidence Will I Need To Prove My Injuries?
The evidence you will need to prove your injuries and support your mental injury claim can include medical records and diary entries. We’ll discuss these and other kinds of evidence in more detail below:
- Medical records may contain notes on your mental health, overall well-being, and referrals. There may also be psychological evaluations and information on the medications you’ve been prescribed.
- Photographs of the accident site. For instance, if you developed PTSD after a scaffolding accident, you could detail the site conditions that led to the incident.
- Personal written records or diary entries outlining the circumstances of the accident, together with the impact on your mental health and life in general.
- Dashcam or CCTV footage.
- Accident book report details if the injury occurred at work or in a public place.
- Contact details for potential witnesses. Your solicitor can use these to gather statements for your claim.
- If you were harmed in a road traffic accident, you may also need a driver’s contact information, as well as insurance details and vehicle information (registration, make, and model).
No matter what evidence you need to support your psychological injury claim, one of our solicitors can help. They know what it takes to build a strong claim and have years of combined experience collecting evidence on behalf of clients across the country. Get in touch today to find out more or keep reading to see what other services our solicitors can provide.
Can I Make A No Win No Fee Psychological Claim?
Yes, you can make a No Win No Fee psychological claim through one of our expert specialist solicitors. They have been working on claims related to mental trauma for many years and have already secured over £80 million in compensation nationwide. One of our solicitors can ease your load by offering the following services:
- Collecting evidence on your behalf, so you can stay focused on your needs and well-being.
- Simplifying and explaining complicated legal language so you always know where you stand.
- Ensuring your claim is filed on time and handling all relevant documentation.
- Responding to all communications with promptness and professionalism.
- Providing timely updates on the progress of your case.
This snapshot of our services is just a small selection of the many benefits of working with us. Our team offers all their services through a Conditional Fee Agreement (CFA) to protect their clients from spiralling solicitor fees. In short, CFAs mean:
- You don’t pay any upfront solicitor fees to start a case.
- There are no ongoing solicitor fees to continue working on the claim.
- If your claim is unsuccessful, you pay zero solicitor fees to your representative.
If you win, your solicitor will be paid for their work by taking a percentage of your compensation as their success fee. Since this percentage is subject to a legal cap, you’ll have peace of mind that most of the compensation is yours to keep.
Contact No Win No Fee Solicitors Co
Get connected to our No Win No Fee solicitors now by contacting our advisory team and see if you can claim today:
- Call 0333 091 8598.
- Get connected to an advisor directly through live chat.
- Contact us online.
Learn More
You can read some of our other guides as well:
- Information on claiming for a dog bite.
- Our guide on burn injury compensation.
- Details on making head injury claims.
These informative links may also help:
- NHS resources for mental health.
- Public Health England’s Every Mind Matters campaign.
- Mental health overview from the Office for National Statistics.
Thank you for reading our guide on making a psychological injury claim.
