Psychological injuries can have a devastating impact on many areas of a person’s life. However, at Personal Injury Claims Care, our panel of excellent solicitors may provide legal support in helping you start a psychological injury claim to receive compensation for your suffering.
Key Takeaways
- Psychological injury claims compensate those who suffered mental harm in an accident that was not their fault.
- The amount of compensation you may be awarded depends on the extent of your suffering and financial losses.
- You must obtain evidence to prove how the third party was responsible for your psychological injuries.
- You typically have 3 years to start a claim, although some exceptions may apply depending on your circumstances.
- You may be able to start your psychological injury claim with our panel of excellent solicitors on a No Win No Fee basis.
If you would like to start a personal injury claim today, please contact our friendly advisors by:
- Visiting our contact page on our website
- Giving them a call on 0333 043 3679
- Messaging them on our live chat
Select A Section
- Who Can Make A Psychological Injury Claim?
- What Counts As A Psychological Injury?
- The Average Psychological Damage Compensation
- Can Compensation For Psychological Injuries Cover Other Damages?
- What Accidents Could Lead To Psychological Or Psychiatric Injury?
- How Can My Psychological Damage Be Proven?
- How Long Do I Have To Make A Psychological Injury Claim?
- Why Choose Personal Injury Claims Care?
- More Information
Who Can Make A Psychological Injury Claim?
Anyone who has experienced mental suffering in an accident that was not their fault may be able to start a psychological injury claim. However, they must meet the claims eligibility criteria. For example, you may be able to start a claim if:
- The third party owed you a duty of care
- The third party breached this duty
- This resulted in your psychological injuries
You must have a specific diagnosis of your psychological injury, and it must have been caused by the accident to be eligible to claim compensation.
If you would like to start a claim today, please contact our friendly advisors, who can guide you through the claims process.
What Counts As A Psychological Injury?
Psychological injuries are forms of mental suffering. The complexity of such conditions varies depending on the individual’s circumstances. Some examples of psychological injuries include:
- Stress
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Adjustment disorders
- Specific phobias
Psychological injuries often arise following an accident, a traumatic event, or abuse. The mental suffering people experience following such events is an emotional response to it.
Although both physical and mental suffering are types of injuries, there is no specific treatment for psychological ones, as everyone responds differently to them. As such, it is important to seek medical support if you are suffering from emotional harm.
For more information on psychological injury claims, please do not hesitate to contact our advisors.
The Average Psychological Damage Compensation
The amount of compensation that is awarded for psychological damages tends to vary in each claim. This is because multiple factors, such as the level of harm suffered and the amount of losses incurred, are taken into consideration. They are calculated under the heads of claim, general damages and special damages.
Under general damages, the compensation for your psychological injuries is calculated. This is completed by referring to a report by an independent medical assessor that states the harm you suffered and the Judicial College Guidelines (JCG). This document contains compensation guidelines for various psychological and physical harm.
In our table below, we use some of the JCG figures.
| Psychological Injury | Compensation | Explanation |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Up to £250,000+ | This award is recommended for many severe injuries that result in significant financial losses. |
| Severe Psychiatric Damage | £66,920 to £141,240 | This award is recommended for severe psychological damage. Factors considered for these brackets include the injured person’s ability to cope with life, relationships, and education, the success of their treatment and prognosis, and their future vulnerability. |
| Moderately Severe Psychiatric Damage | £23,270 to £66,920 | These brackets are considered for the same reasons listed above, but there is a more optimistic prognosis than above. |
| Moderate Psychiatric Damage | £7,150 to £23,270 | These brackets may be considered for moderate psychological damage with a more optimistic prognosis. |
| Less Severe Psychiatric Damage | £1,880 to £7,150 | This award is recommended for less severe psychological damage. It is determined by the person’s time spent with the mental disability and the effect it had on their daily activities and sleep. |
| Severe PTSD | £73,050 to £122,850 | This bracket may be considered for those who have permanent PTSD and it affects all aspects of their life, including their ability to work. |
| Moderately Severe PTSD | £28,250 to £73,050 | This award is recommended for those who suffer from PTSD but have a better prognosis than above and benefit from professional psychological support. |
| Moderate PTSD | £9,980 to £28,250 | This award may be considered for those with PTSD, but the impact of it is not grossly disabling on their lives. |
| Less Severe PTSD | £4,820 to £9,980 | This award is recommended for people with PTSD who recover within 1 to 2 years. |
If you have any questions about how compensation is calculated, you can contact one of our advisors.
Can Compensation For Psychological Injuries Cover Other Damages?
Under the head of claim special damages, you may receive compensation for other damages, such as financial losses, as part of your psychological injury claim. For example, you may be reimbursed for:
- Lost wages if you have taken time off work
- Lost work benefits such as promotions, bonuses and holiday entitlement.
- Medical costs, such as psychological therapy payments
- Costs towards childcare, if you require support with this
- Travel costs, for payments to and from appointments
Compensation for future financial losses may also be considered under special damages.
It is important to keep a record of any evidence that may support your claim for financial losses. Some examples include payslips, receipts and bank statements.
For more information on compensation for financial losses or other damages, please contact our advisors.
What Accidents Could Lead To Psychological Or Psychiatric Injury?
All accidents, whether they are of a minor or catastrophic nature, may impose psychological or psychiatric suffering. Below are some examples of the types of accidents that may result in such injuries, for which you may be eligible to claim compensation.
Accidents At Work
In the workplace, your employer has a duty of care to take reasonable steps to ensure your safety, per the Health and Safety at Work etc. Act 1974.
Workplace accidents may result in employees suffering psychological injuries. These may result from workplace harassment, bullying, or accidents.
For example, your employer may have failed to provide you with protective gloves while working with hazardous liquids. As such, you may have sustained severe burn injuries on your hands, resulting in you suffering from low self-esteem, anxiety and PTSD.
Road Traffic Accidents
While using the roads, road users have a duty of care to avoid causing damage or injury by using the roads safely. They must also abide by the Road Traffic Act 1988 and the Highway Code.
Road traffic accidents may result in psychological injuries. When using the roads, we put our trust in other road users to ensure our safety. So, when such accidents arise, they may cause psychological harm regardless of how severe they are.
For example, you may be obeying safety laws while driving down a one-way street. However, another road user quickly turned from a side road without stopping, crashing into the front of your vehicle. This may have caused you long-lasting PTSD.
Public Liability Accidents
Those in control of public spaces have a duty of care under the Occupiers’ Liability Act 1957 to ensure the reasonable safety of visitors.
Accidents in a public place may result in people sustaining psychological injuries. We expect to be safe when using public facilities or enjoying public events. Therefore, when accidents arise, they can cause shock and distress, resulting in psychological damage.
For example, you may go to a fair that was run by your local council. However, they failed to conduct a safety check before proceeding with the firework display and were unaware of a potential malfunction. If the fireworks were shot into the crowds and you witnessed many people suffer burn injuries, this may cause you to suffer PTSD and anxiety.
Medical Negligence
All medical professionals have a duty of care to provide their patients with the correct standard of care to avoid causing unnecessary harm.
Suffering avoidable harm due to medical negligence may cause patients to suffer psychological damage, such as stress and anxiety, specifically after putting their trust and health in the hands of medical professionals.
For example, a patient may require a left leg amputation. However, if the medical professional completed this on the right leg and the patient had a double limb amputation, this may cause them to suffer from depression.
Assault
Assaults can have catastrophic consequences on many aspects of your life, including your mental health. Some examples of assaults that may cause psychological injuries include:
- Common assault – this amounts to minor injuries and threats
- Actual bodily harm (ABH) – this may cause more severe injuries
- Grievous bodily harm (GBH) – this is the most severe form of assault, causing significant injuries
If you suffered a psychological injury due to an assault, you may be able to make a criminal injury claim through the Criminal Injuries Compensation Authority (CICA).
If you were involved in an accident that caused your psychological injuries, please contact our advisors to determine whether you are entitled to compensation.
How Can My Psychological Damage Be Proven?
You may prove that the third party caused your psychological damage by obtaining evidence. This is a bundle of information that illustrates how the third party breached their duty of care, resulting in your mental harm. Here is a list of examples of the type of evidence that may help support this claim:
- Your medical reports of your psychological injuries
- Your prescriptions that contain your medication
- Diary entries of your psychological suffering
- A copy of your psychologist’s report, if one was written
- Dashcam or CCTV footage of your accident
- A copy of the incident from an accident report book
- Copies of police reports, if called to the scene
- Copies of correspondence with the third party
- Contact details of any witnesses
Obtaining evidence is crucial for achieving a settlement in your favour. So, you should collect as much information as you can to establish third-party liability. If you require assistance with this, our panel of solicitors may be able to provide support.
If you would like more examples of evidence that may support a psychological injury claim, please contact our advisors for further assistance.
How Long Do I Have To Make A Psychological Injury Claim?
If you have suffered from a psychological injury, you typically have 3 years to start a compensation claim. This time limit generally begins on the date you sustained your injuries. Therefore, it is essential to keep a record of any important dates to ensure you initiate a claim within the 3-year period.
This time limit is set out under the Limitation Act 1980. However, it takes into account that some claimants may be unable to begin their claim within the 3 years. So, there are some exceptions to this rule, for example:
- If the claimant is a minor, the time limit begins on their 18th birthday and ends on their 21st birthday.
- For those with no mental capacity, the time limit is frozen unless they regain this mental capacity and will run from this recovery date.
If the time limit on a psychological injury claim does not apply, a litigation friend may be appointed to begin the claim on the claimant’s behalf. Although anyone may take on this responsibility, they must be at least 18 years old and act in the best interests of the injured person.
If you are unsure as to how much time you have to start your claim, please contact our advisors, who may be able to assist you.
Why Choose Personal Injury Claims Care?
By choosing Personal Injury Claims Care to help you claim psychological injury compensation, you can expect to receive a high standard of customer service and support. This is because our panel of solicitors, who are specialists in personal injury claims, are dedicated to utilising their legal expertise to help you claim the compensation you deserve.
Furthermore, they recognise the significant distress a psychological injury can have on a person’s life. So, they will provide countless supports and opportunities to help you rebuild your life.
Our panel of solicitors may support you throughout your claim by:
- Walking you through each stage of the claims process
- Explaining the legal terminology associated with your claim
- Helping you obtain evidence to support your claim
- Explaining how your compensation may be calculated
- Setting you up with psychological support, such as counselling
- Helping you apply for interim payments to cover medical costs
- Negotiating settlements with third parties on your behalf
Our panle of solicitors have combined experience in helping their clients win over £80 million in compensation, illustrating their passion and dedication in finding justice for their clients’ suffering. Additionally, they can offer these services to you on a No Win No Fee basis under a Conditional Fee Agreement. This means:
- You won’t pay for their services upfront or as the claim is ongoing
- You won’t have to pay for their work should the claim fail
- A success fee will be taken from your compensation following a successful claim. The law also limits the percentage this fee can be
Contact Our Expert Solicitors
If you would like to start a psychological injury claim with one of the solicitors on our panel or have any questions regarding the contents of this guide, please contact our helpful advisors.
- Visiting our contact page on our website
- Giving them a call on 0333 043 3679
- Messaging them on our live chat
Our lines are available 24/7, so you may get in touch with our advisors at a time that is most convenient for you.
More Information
If you would like to receive more information on personal injury claims, you may read the helpful guides linked below.
- Learn how personal injury claims work
- Read about the different types of personal injury claims
- Access our personal injury claims FAQ
References:
- Find access to mental health services, NHS.UK
- Locate your closest urgent care centre, NHS.UK
- Find out if you can claim statutory sick pay, GOV.UK
We appreciate you taking the time to read this guide that explains the process of starting a psychological injury claim. We hope that you found this helpful.