Post-Traumatic Stress Disorder (PTSD) is an anxiety disorder that can be triggered by very distressing or frightening events. In this guide, we explain when you could be eligible to claim for PTSD after a motorcycle accident.
Initially, we set out the criteria that will need to be met to allow you to seek personal injury compensation for PTSD and how it has affected different aspects of your life. We then move on to review how compensation for PTSD is calculated and what payout could potentially be awarded to cover your suffering.
Towards the end of the guide, we set out how using evidence could strengthen a road traffic accident claim by showing who was liable for the accident and injuries.
As part of our no-obligation initial review of your case, a specialist from our team can help you understand your options and offer free advice. If you’d like to discuss your potential motorbike accident compensation claim with an advisor, you can enquire about making a claim online by completing our contact form.
Select A Section
- Can You Claim For PTSD After A Motorcycle Accident?
- When Could PTSD Be Caused By A Motorcycle Accident?
- Calculating PTSD Compensation Claims
- Evidence That Could Help In A Motorcycle Accident Claim
- Claim For PTSD After A Motorcycle Accident On A No Win No Fee Basis
- Learn More Road Traffic Accident Claims
All road users, including drivers, cyclists, motorcyclists, and pedestrians, owe one another a duty of care to use the roads in such a way that avoids causing injury or damage to themselves and others. This duty can be adhered to by following the Highway Code and the Road Traffic Act 1988. If there is a failure to do so, it could lead to a motorcycle accident in which you suffer harm for which you could potentially claim compensation.
However, in order to have valid grounds to take legal action and start a personal injury claim, you must prove the following occurred:
- Another road user owed you a duty of care.
- They breached this duty.
- You experienced a physical and/or psychological injury as a result of the breach.
It’s possible to claim for a psychological injury alone, a physical injury alone, or both together.
One of the road traffic accident solicitors from our panel may be able to represent you if your claim meets all of the above criteria. To see if you could be entitled to claim for PTSD after a motorcycle accident, please call our team today.
Here are some examples of motorcycle accidents that could result in PTSD:
- A motorcyclist may have been riding with a friend and witnessed them being hit by a drunk driver at a very high speed causing them to suffer fatal injuries. As a result, they may have developed PTSD due to witnessing a fatal motorcycle accident in which their friend died.
- The driver of a lorry may not have checked their mirrors and blind spots before changing lanes resulting in them crashing into a motorcyclist. As a result, the motorcyclist may have sustained multiple serious injuries, including a traumatic leg amputation and spinal injury leading to partial paralysis. Due to the life-changing nature of the injuries and severity of the accident, they may have also suffered emotionally.
However, it’s important to be aware that not all motorcycle accidents and injuries will form the basis of a valid PTSD compensation claim. In order to pursue personal injury compensation, you must have evidence that the injuries suffered resulted from a breach of duty.
To discuss the question ‘Can you claim for PTSD after a motorcycle accident?’, call our team. An advisor can give guidance on your specific case and help you understand whether you’re eligible to seek a settlement.
Two heads of loss can form PTSD compensation payouts awarded in successful claims. The first, general damages, covers the pain and suffering caused by the injury, physical and/or psychological.
When valuing general damages, reference can be made to the Judicial College Guidelines (JCG). The JCG provides guideline award brackets for different types of injuries.
Additionally, you may need to attend an independent medical assessment to generate a medical report detailing the full extent of how you have been impacted by PTSD. This can be used alongside the JCG when valuing general damages.
Our compensation table uses data from the JCG, except for the top entry. However, settlement figures for PTSD are calculated on a case-by-case basis so please only use these figures as a guide.
|Guideline Award Brackets
|Multiple Serious Injuries With Monetary Expenses
|Up to £1,000,000+
|A settlement comprising compensation for the pain and suffering of multiple serious injuries and the financial losses incurred, such as lost income, travel costs, and medical costs.
|Loss of Both Arms
|£240,790 to £300,000
|The person has full awareness of the injury and is reduced to a state of significant helplessness.
|£219,070 to £284,260
|Cases where paralysis affects the lower limbs. The award given depends on factors such as the person's age and life expectancy.
|£219,070 to £282,010
|A very serious cognitive or physical disability where the person requires constant professional care.
|Post-Traumatic Stress Disorder (PTSD)
|£59,860 to £100,670
|Permanent effects mean the person won't be able to work and they will not function at anything like pre-trauma levels. All parts of their life will suffer badly.
|£23,150 to £59,860
|With some professional support, some recovery is likely. Therefore, the claimant will have a better prognosis than above. However, they are still likely suffer a significant disability for the foreseeable future.
|£8,180 to £23,150
|The person will have recovered largely and any ongoing effects won't be grossly disabling.
Special Damages In A Personal Injury Claim For PTSD
The second head of loss that could form part of a payout for road traffic accident claims in the UK is called special damages. It is used to cover financial expenses linked to the injury suffered.
For example, if your motorcycle accident claim succeeds, special damages could compensate for losses such as:
- Medical expenses. This could include medical costs for prescriptions for any physical injuries or counselling for any psychological injuries.
- Domestic support and care costs. For example, if you have suffered a serious injury, such as an amputation, alongside PTSD symptoms, you may require care at home.
- Lost earnings.
- Travel costs.
Evidence should be supplied to prove any costs you wish to recoup in a motorbike accident claim. This could include wage slips, receipts, or bank statements.
To check how much compensation for PTSD after a motorcycle accident you could be entitled to, speak to a member of our team today.
To prove your eligibility to claim for PTSD after a motorcycle accident, evidence will be needed. This should demonstrate when and how the accident occurred, who caused it, and how you’ve suffered.
Therefore, the types of evidence that might help when claiming motorcycle accident compensation include:
- Video footage from a helmet cam or dashcam.
- Details of your suffering and any treatment needed for your injuries. For example, you could request a copy of your medical records, such as diagnostic letters, reports from a specialist, and treatment plans.
- The contact details of any witnesses to the accident in case witness statements are needed.
- Photographs of the accident scene.
If you would like us to check if you have enough evidence to prove a personal injury claim, please feel free to call our team today. They could connect you with a personal injury solicitor from our panel who could help you build a strong case if you have valid grounds to proceed. Additionally, they can ensure your PTSD claim is brought forward within the relevant time limits.
Is There A Time Limit To Claim For Post-Traumatic Stress Disorder?
The time limit for personal injury claims in the UK is usually 3-years from the date of the accident. This is dictated by the Limitation Act 1980. However, some exceptions can apply. For example, if the person is aged under 18, or the claimant has a reduced mental capacity, the time limit is paused for a period of time.
If you would like to learn how long you have to claim for PTSD after a motorcycle accident, please contact an advisor.
Working with a specialist solicitor from our panel could benefit you as they can guide you through the different stages of the claims process. For example, they can help ensure that your claim is filed on time and in full as well as negotiate a fair settlement on your behalf.
The solicitors from our panel offer these services on a No Win No Fee basis under a Conditional Fee Agreement (CFA). As such, you:
- Don’t pay your solicitor for their service in advance, while the claim progresses or if the case is lost.
- Will have a success fee deducted from the compensation awarded. This is taken as a percentage which is capped by law ensuring you receive most of your settlement.
To see if you can claim for PTSD after a motorcycle accident on a No Win No Fee basis, you can enquire about making a claim online by completing our contact form.
Finally, here are a few more of our guides answering questions about road traffic accident claims:
- Further advice on how motorcycle accident solicitors could help you to claim.
- Guidance on how long car accident claims take to process.
- Advice on untraced driver road traffic accident claims.
Also, here are a few external links that might be helpful:
- Information about the charity PTSD UK and what they do.
- A motorcycling safety campaign from Think!
- Guidance on seeking urgent mental health care from the NHS.
To find out more about making a claim for PTSD after a motorcycle accident, please contact one of our advisors today.