How To Make A Personal Injury Claim For Depression
If you want to know how to make a personal injury claim for depression, Legal Expert is here to answer all your questions.
Whether you are in an accident at work, in a road traffic accident or elsewhere, the experience could leave you physically injured. However, the consequences of the event could leave you suffering from depression too. The psychological damage could prevent you from working or leading a normal life. If you have evidence that you’ve suffered this type of harm due to negligence by another party, you may be entitled to claim personal injury compensation.
How to make a personal injury claim for depression guide
A traumatic road traffic accident could leave you suffering from post-traumatic stress disorder (PTSD), or a workplace accident may leave you with anxiety issues. If you find it hard to stay positive and your mental health is negatively impacted, you could have grounds to seek compensation for the trauma you experienced.
Our guide aims to provide you with advice and information on how to go about proving an accident caused you to suffer depression. We explain what you should do to support your claim. We also explain how the consequences of psychological harm can impact your future life and livelihood.
For more advice and information please continue reading our guide by clicking on the sections that follow. Alternatively, if you would like to speak to a member of the Legal Expert team, please reach out using our freephone telephone number which is 0800 073 8804. Our lines are open 24 hours a day, 7 days a week.
Select a Section
- How You Must Prove A Personal Injury Claim For Depression
- What Is A Psychological Injury?
- What Are The 5 Signs Of Emotional Suffering?
- The Potential Impact Of Psychological Damage
- Accident Scenarios That Could Lead To A PTSD Claim
- How To Prove Liability For A Personal Injury Claim For Depression
- Treatment Options For A Psychiatric Injury
- Psychiatric Injury Statistics
- Using A Mental Injury Compensation Calculator
- What Can I Claim For Mental Injury?
- What Must I Do To Start A Personal Injury Claim For Depression?
- No Win No Fee Agreements For Psychological Harm Claims
- Discuss Your Claim With Legal Expert
- Additional Advice On Making A Personal Injury Claim For Depression
How You Must Prove A Personal Injury Claim For Depression
You could be entitled to compensation if you suffer from depression after an accident. However, you must be able to prove the accident caused your condition. You also need to establish that the accident was caused by someone who owed you a duty of care, or you were only partly responsible. This means providing the following proof:
- A medical evidence
- Witness contact details
- Photos of your injuries and where the accident happened
- CCTV footage or dashcam footage if available
The Statutory Time Limit Associated with Personal Injury Claims
You must respect the statutory time limit when you file a personal injury claim. The deadline is 3 years from the date you were harmed. However, the time limit could begin from the date of awareness. Also known as the date of knowledge, this refers to the day when the injury or condition you’re claiming for was diagnosed or connected to negligence.
There are exceptions to the three year time limit which includes when a minor is harmed, or if a person lacks the mental capacity to file a claim themselves. To find out which time limit applies to your case, please get in touch with a member of our team today.
To discuss your case with one of our friendly advisers, please give us a call today. We provide you with an initial consultation which is free of charge. You can ask a member of our team any questions you may have about filing a personal injury claim for depression.
What Is A Psychological Injury?
A psychological injury can happen when someone is exposed to a life-changing and traumatic incident. This type of mental harm is also known as a psychiatric injury.
Mental illness and the common symptoms associated with it include the following:
- Depression which can cause disturbed sleep patterns, irritability, and a lack of motivation. When you are depressed, you may have no desire to be involved in anything
- Anxiety which can lead to sensations of dizziness, palpitations, restlessness and sleeping issues
- Post-traumatic stress disorder (PTSD) can negatively impact your life. You may feel pain and experience distressing repetitive images of the traumatic event which leaves you feeling nauseous. Flashbacks can leave you feeling vulnerable, unable to concentrate or sleep irritable and suffering from acute anxiety issues
If you are suffering any of the above following a traumatic accident, and you wish to make a claim for the harm you’re experiencing, please reach out to one of our understanding advisers today. Your case can be assessed and we could introduce you to a specialist solicitor who works on a No Win No Fee basis.
What Are The 5 Signs Of Emotional Suffering?
The five signs that a person could be suffering from emotional distress are:
- A change in personality
- Displays of anger, moodiness, anxiety, and agitation
- Isolation, and a withdrawal from other people
- Feeling overwhelmed, worthless, and hopelessness
- Poor self-care and a tendency to do risky things
If you are worried about your mental health, and are feeling any of the above, please get in touch with your doctor as soon as possible.
The Potential Impact Of Psychological Damage
Psychological trauma can have a massive impact on your life and well-being. You may struggle with upsetting memories of an event that don’t diminish over time. You may feel disconnected, numb, and find it hard to trust people.
The consequences of psychological damage can run deep and may prevent you from working or carrying out certain normal everyday activities. The more helpless and frightened you are, the more you are likely to suffer psychological harm.
You can speak to one of our friendly advisers today on how to make a personal injury claim for depression. You can not only benefit from free advice, but also an initial consultation which is free of charge. Furthermore, you won’t be pressured to pursue your claim if you don’t want to.
Accident Scenarios That Could Lead To A PTSD Claim
You could develop post-traumatic stress disorder (PTSD) when you are involved in a serious accident. There are various traumatic events that could leave you suffering from PTSD and other psychological injuries. This includes:
- A serious road traffic accident. Such incidents can be very severe. So even if you just witness one, it could leave you with PTSD
- You could be the victim of a crime. The effects could leave you feeling helpless, vulnerable and unable to cope with life. All of these feelings are common symptoms of PTSD
- An accident in a public place could leave you traumatised and unable to forget what happened to you. Constant flashbacks of the incident could negatively impact your health and well-being
All road users should abide by the Highway Code which sets out guidelines to keep people safe whether in a car, or as a pedestrian. In addition, an employer must protect you in the workplace by adhering to the Health and Safety at Work etc. Act 1974. Supermarkets, shops, and council owned parks must make areas safe for the public by following the Occupiers’ Liability Act 1957.
If you can prove third party negligence led to an accident happening which left you traumatised, you could have grounds to sue. Legal Expert can help you file a claim for compensation. One of our friendly advisers can offer free advice on how to make a personal injury claim for depression.
How To Prove Liability For A Personal Injury Claim For Depression
To have grounds to claim you must first be able to prove that those you hold responsible for your suffering owed you a duty of care which they negligently breached. This breach will have led to you suffering avoidable harm.
To prove a traumatic event left you suffering from psychological issues, you must be examined by an independent medical specialist. They can diagnose the symptoms you are suffering from and produce a detailed medical report. The report would also provide details of the prognosis and how your life has been negatively impacted.
If you have grounds to sue for compensation for psychological harm brought on as a result of third party negligence, please call Legal Expert today. An adviser will look over your case and advise you accordingly. If they find a third party breached their duty of care towards you, we can connect you to a No Win No Fee lawyer. You won’t have to pay for legal representation upfront, only when you win your case against the third party.
Treatment Options For A Psychiatric Injury
There are various treatment options that your doctor may prescribe if you suffer psychological damage due to an accident or a form of abuse, such as sexual abuse. This includes the following treatments and therapies:
- Talking treatments
- Cognitive behavioural therapy (CBT)
- Medication
- Antipsychotics
To find out more about your treatment options, please call your GP.
Psychiatric Injury Statistics
The Mental Health Foundation released a 2016 report outlining mental health concerns. The report found that around one in six adults suffers from mental health every week. While one in five adults have considered taking their own life.
The charity MIND released statistics relating to mental health which are detailed below:
- Eight in every hundred people suffer from anxiety and depression
- Six in every hundred people suffer Generalised Anxiety Disorder (GAD)
- Four in every hundred people develop Post-traumatic stress disorder (PTSD)
- Three in every hundred people suffer depression
- Two in every hundred people have some kind of phobia
- One in every hundred people have obsessive-compulsive disorder (OCD)
- Less than one in every hundred people suffer from Panic Disorder
Please reach out to a member of the Legal Expert team to benefit not only from free legal advice, but also a free initial consultation. You won’t have to go forward with your claim if you choose not to.
Using A Mental Injury Compensation Calculator
We have included a table to give you an idea on the level of compensation you could receive in a successful claim. However, the compensation brackets in the table are offered as a guideline only. The figures used are taken from the Judicial College guidelines and are only for general damages, not special damages.
| Type of mental harm | Further notes | Potential compensation (general damages based on the Judicial College Guidelines) |
|---|---|---|
| Severe psychiatric damage | The injured person/claimant has marked issues when it comes to their ability to cope with daily life, work, and education. Their relationship with friends and family are also negatively impacted. The prognosis is extremely poor even with the right therapy and treatment plan in place | £51,460 to £108,620 |
| Moderately severe psychiatric damage | The claimant experiences significant issues similar to those mentioned in the bracket above. However, the prognosis is more positive and with the correct treatment and therapy an improvement could be evident over time although many symptoms will still be apparent | £17,900 to £51,460 |
| Moderate psychiatric damage | A claimant suffers similarly to the bracket above, but the prognosis is a lot more positive than above. With the correct treatment and therapy, a marked improvement will be noticeable in the claimant’s symptoms | £5,500 to £17,900 |
| Less severe psychiatric damage | The claimant’s ability to cope with daily life and whether their sleep is affected will be factored into the compensation payout they are awarded in a successful claim | £1,440 to £5,500 |
| Severe PSTD | The claimant suffers severe symptoms of Post-traumatic stress disorder which prevents them from working or functioning normally. Their ability to work and lead a normal life is seriously impacted by the severity of their symptoms | £56,180 to £94,470 |
| Moderately severe PSTD | The claimant suffers significant levels of disability for the foreseeable future. However, with the right therapy and treatment, the claimant is expected to recover to some extent. As such the prognosis is slightly better than the bracket above although the claimant’s recovery may be slower | £21,730 to £56,180 |
| Moderate PSTD | The claimant’s prognosis is much better than the brackets above and they are expected to recover to over time. As such the symptoms they experience will not be too disabling and over time their symptoms are expected to improve | £7,680 to £21,730 |
| Less severe PSTD | The claimant is expected to make a full recovery within one or two years. They will only experience minor symptoms as time passes but these should subside over time | £3,710 to £7,680 |
Please bear in mind that every claim is unique, but one of our friendly advisers could provide you with a better idea on how much your claim may be worth. An experienced member of the Legal Expert team can answer all your queries and advise you accordingly. When we find you have grounds to sue, you could be represented on a No Win No Fee basis.
What Can I Claim For Mental Injury?
Assuming you have grounds to start a claim for a psychological injury, you may be able to claim for both general damages and special damages. Compensation for physical and mental injuries linked with your case are covered under general damages.
If you are eligible to claim for general damages, then you may be able to receive additional compensation for special damages. Compensation for special damages may be provided to cover financial losses which can be associated with the injury you’re claiming for. Examples of special damages may include:
- Loss of earnings
- Lost potential income
- Medical costs which include treatments and therapies
- Care costs
- Travel costs
- All other expenses and losses linked to the psychological harm you suffered
To find out more, please reach out to a member of our friendly team today. An experienced adviser can let you know how best to proceed. If we find you have good reason to seek compensation, we will connect you to a specialist solicitor. You would be offered No Win No Fee terms by the solicitor which means no upfront payments are required.
What Must I Do To Start A Personal Injury Claim For Depression?
You must gather as much evidence as possible when you want to claim compensation for depression. Moreover, you must prove third party negligence or a breach of duty of care towards you. Furthermore, you must provide a detailed report of the mental harm you suffered. An independent specialist must carry out the examination. The report provided is used to value the harm you were caused.
You can also choose to contact a legal expert who can review your case. They can then advise you accordingly on how best to go forward with a personal injury claim for depression by explaining the claims process.
Call us now to speak to one our friendly advisers and to benefit from free legal advice. A member of our team can answer all your questions and advise you accordingly. The initial consultation is free. You would not be obliged to pursue a claim if you don’t want to.
No Win No Fee Agreements For Psychological Harm Claims
Providing you have grounds to sue for compensation, you could make a personal injury claim for depression on a No Win No Fee basis. This is where Legal Expert can be of assistance because all our solicitors offer these terms. You only pay a No Win No Fee lawyer when you win your case. You pay the amount (success fee) out of your compensation payout.
If your case does not succeed, you won’t pay the No Win No Fee solicitor their legal fees. Call us now to find out whether you have grounds to make a No Win No Fee personal injury claim for depression.
We provide an initial consultation to everyone who gets in touch which is free of charge.
Discuss Your Claim With Legal Expert
To discuss your claim with one of our experienced, friendly advisers, please get in touch today. We have the necessary expertise to manage your case. A member of our team will provide essential advice on how to make a personal injury claim for depression.
Call us now to find out if you can make a No Win No Fee claim on 0800 073 8804. You can reach an adviser 24 hours a day, 7 days a week. Alternatively, you can get in touch in the following ways:
- Email at info@legalexpert.co.uk
- Request a call back
- Live Chat
- Complete our online claims form
Call us now to find out if you have a valid claim and benefit from free legal advice and an initial, no obligation consultation which is also free of charge. A member of the team is here to answer all your questions on how to make a personal injury claim for depression.
Additional Research
Claiming compensation on a No Win No Fee basis
How to claim for psychological damage
More information on Post-traumatic stress disorder compensation
