By Stephen Hudson. Last Updated 4th September 2025. At Legal Expert, we understand that not all injuries are visible. Psychological harm—such as anxiety, depression, or post-traumatic stress disorder (PTSD)—can be just as devastating as a physical injury. If someone else’s negligence has caused you mental suffering, you may be entitled to make a psychological injury claim.
Whether your trauma followed a car accident, workplace incident, medical negligence, or another type of accident, the law recognises the right to seek compensation for both physical and psychological damage. Evidence such as medical records, a formal diagnosis, or even a diary of your day-to-day struggles can all strengthen your case.
Our specialist solicitors are experienced in securing compensation for psychological injuries of all severities, from short-term anxiety to life-changing PTSD. We work on a No Win No Fee basis, so you can pursue justice and the support you deserve with no upfront cost. Contact Legal Expert today for free, confidential advice about starting your claim.
4.8 (466 reviews) What Is A Psychological Injury Claim?
Psychological injuries can be just as devastating as physical ones—and they’re equally valid grounds for compensation when caused by someone else’s negligence or criminal actions.
Whether you’re suffering from PTSD after a traumatic accident, anxiety triggered by workplace bullying, or depression linked to medical negligence, you may be entitled to claim damages.
These can include general damages for pain and suffering, as well as special damages for financial losses like lost income or therapy costs. Crucially, recognised psychological conditions such as PTSD, anxiety, depression, and emotional distress must be supported by medical evidence to build a strong case.
The amount of compensation you could receive depends on several key factors, including the severity of your condition, how it impacts your daily life, your long-term prognosis, and whether a duty of care was breached.
Claims for psychological injury can arise from a range of situations—road traffic accidents, workplace incidents, medical negligence, or violent crimes.
If you think you may have a claim, speaking with our experienced personal injury solicitors can help you understand your options, gather the necessary evidence, and guide you through the legal process with confidence.
4.8 (466 reviews) If you’d like to learn about the key points on psychological injury compensation claims, why not check out our video below:
What Is The Eligibility Criteria For A Psychological Injury Claim
In order to have a valid mental health claim, you must be able to prove that you suffered your psychological injury due to someone breaching their duty of care towards you.
There are various instances where you are owed a duty of care, these include:
- In the workplace – Your employer owed you a duty of care under the Health and Safety at Work etc. Act 1974. Per this duty, they must take reasonably practicable steps to ensure your safety whilst working and in the workplace. As part of adhering to this duty, your employer has a responsibility to comply with other relevant health and safety laws.
- In public places – Anyone in control of a public space (an occupier) owes a duty of care under the Occupiers’ Liability Act 1957. All occupiers must take all the necessary steps to ensure your reasonable safety while you are using that public space for its intended purpose.
- On the road – Road users owe a duty of care under the Road Traffic Act 1988. They must navigate the roads in a way to avoid causing harm to themselves and others. Additionally, they need to follow the Highway Code.
To see if you could be eligible to make a psychological injury claim, you can contact one of our friendly advisors. They can help answer your questions and offer you free advice.
4.8 (466 reviews) Examples Of When You Could Make A Psychological Injury Claim
As we discussed above, you could suffer a psychological injury in various types of incidents, including a workplace accident, a car crash or a public place accident. However, to have a valid mental health claim for the psychological injury you have suffered, you must prove that you were owed a duty of care, and when this was breached, you suffered mental harm.
Some examples of harm that could be included in a claim for a psychological injury include:
- Post-traumatic stress disorder (PTSD) after a workplace accident. For example, if you were to fall from a height whilst working at a construction site, you could suffer from PTSD as well as a broken arm. Depending on the severity of your psychological injury, this could also prevent you from being able to return to a normal working life.
- Generalised anxiety disorder may develop after suffering injuries in a road traffic accident. You can claim for anxiety in addition to your physical injuries under general damages, which we look at later in this guide.
- You may experience depression due to your injuries. For example, you could break your leg in a pavement accident. This could result in no longer being able to carry out activities that you used to enjoy. You may also require a long amount of time in a plaster cast to recover. Either of these could cause depression.
Remember that you can claim for a psychological injury without suffering a physical injury. As you psychological injury could have been caused by the accident alone.
Call our advisors to discuss when you could make a claim for a psychological injury.
4.8 (466 reviews) How Do I Prove My Psychological Injury Claim?
One of the most important steps in the psychological injury claims process is collecting evidence. The right evidence can help you prove who is responsible for the psychological harm you suffered, as well as how it occurred and how it will affect the rest of your life.
For example, you may be able to support your claim with evidence such as:
- Medical records: Your medical records may detail how the psychological harm you suffered has affected you, along with the treatment you need to recover.
- Witness statements: Taking the statements of those who have witnessed how your PTSD has affected you, as well as the incident that caused it means that their statements can be taken later.
- CCTV footage: If the incident that caused your PTSD was captured on CCTV, you may be able to request the footage to help prove your claim.
- Symptoms diary: Keeping a diary of how your PTSD has affected you can offer insight into how your life has changed.
These are just a few examples of how evidence can help you support your psychological injury claim. To find out how one of our expert solicitors could help you claim compensation, contact our team today. Or, read on to learn more about claiming for psychological harm.
How Much Compensation Can I Get For Psychological Damage?
Let’s take a look at potential compensation amounts for psychological damage.
Between £66,920 and £141,240 could be awarded for severe psychiatric damage where the injured party has marked problems coping with all areas of life and a very poor prognosis. This is according to the Judicial College Guidelines.
If you are successful in gaining psychological damage compensation, you will receive general damages. These cover the pain and suffering that you have experienced due to your psychological injury.
When assessing general damages, legal professionals may refer to the JCG. This document provides compensation guidelines for different severities of physical and psychological injuries.
We have used the JCG’s brackets for psychological harm in the table below. The first figure in this table does not come from the JCG, and the brackets are not a guarantee of compensation.
| Injury Type | Severity | Compensation |
|---|---|---|
| Multiple Very Severe Injuries with Special Damages (e.g. Therapy Costs) | Very Severe | Up to £250,000+ |
| General Psychiatric Harm | Severe (a) | £66,920 to £141,240 |
| Moderately Severe (b) | £23,270 to £66,920 | |
| Moderate (c) | £7,150 to £23,270 | |
| Less Severe (d) | £1,880 to £7,150 | |
| Post-Traumatic Stress Disorder | Severe (a) | £73,050 to £122,850 |
| Moderately Severe (b) | £28,250 to £73,050 | |
| Moderate (c) | £9,980 to £28,250 | |
| Less Severe (d) | £4,820 to £9,980 |
4.8 (466 reviews) Special Damages
Mental health compensation can also take into account how your life is affected financially. A second head of a mental health compensation payout, known as special damages, considers this aspect. Among the expenses you could seek a payment for are:
- A loss of earnings if you can’t work or take on new jobs because of your suffering.
- Prescription fees.
- The cost of therapy or other medical care.
- Payments for travelling to and from appointments.
Collect any documentation you can, including payslips and receipts. Considering the easily identifiable and potentially long-term financial impact your mental harm can have, it is entirely possible that the special damages of psychological injury compensation outweigh the part falling under general damages.
You can call us for a more in-depth look at psychological damage compensation. As well as offering guidance on how payouts for psychological injury claims are calculated, an advisor can give you a better insight into how much compensation you could potentially receive.
Make A Psychological Injury Claim With Our No Win No Fee Solicitors
Now that you know more about the psychological injury claims process, you might be wondering why we always suggest working with a No Win No Fee solicitor. While there is no obligation to claim mental health compensation with the help of a legal professional, it can make the process seem less stressful.
When you make a claim with a psychological damage compensation solicitor, they can help you:
- Gather evidence to support and strengthen your personal injury claim.
- Explain each step of the process, and decode any complex legal jargon that comes up.
- Prepare your claim for trial if it needs to go to court.
- Negotiate the mental health compensation payout that you deserve.
Plus, our psychological injury compensation solicitors work on a No Win No Fee basis by providing their services through a Conditional Fee Agreement (CFA). Under this kind of agreement, you can get all of these services and more without having to pay a solicitor’s fee:
- Upfront.
- As the claim goes on.
- If the claim fails.
Those who make successful psychological injury claims will pay a success fee to their solicitor. This fee is taken from your compensation as a small, legally-capped percentage, which your solicitor will agree with you as payment for their work before the case begins.
Contact Our Team
For more advice on claiming mental health compensation with a No Win No Fee solicitor, speak to our advisors for free today. You can reach them by:
- Calling 0800 073 8804
- Writing to us using our contact form.
- Messaging us using our 24/7 live chat.
4.8 (466 reviews) Frequently Asked Questions (FAQ)
Below, you can find answers to some frequently asked questions on psychological injury claims.
What Is the Time Limit for a Psychological Injury Claim?
Most psychological injury claims must start within 3 years of the incident under the Limitation Act 1980. Exceptions apply if the claimant is under 18 or lacks mental capacity. In these cases, a litigation friend can claim on their behalf, and the 3-year limit is paused until they can act for themselves.
What Is the Difference Between a Primary and Secondary Victim?
A primary victim is directly involved in the accident, such as someone who develops PTSD after being hit by a car. A secondary victim suffers psychological harm from witnessing a traumatic event, like seeing a colleague fatally injured. Neither group needs to have physical injuries to make a claim.
What Are the Legal “Control Tests” for Secondary Victims?
Secondary victim claims must satisfy strict tests set by the courts. You need to show:
- A close tie of love or affection with the person harmed
- That you were present at the accident or its immediate aftermath
- That you had direct perception of the event (e.g. seeing or hearing it unfold)
Meeting all three is essential for a successful secondary victim claim.
Can I Claim If I Had a Pre-Existing Mental Health Condition?
Yes. You can claim if the accident made your condition worse, even if you already lived with issues such as anxiety or depression. The law looks at the extent of the worsening caused by the incident, and compensation is awarded for that additional harm. Medical records and expert reports will help show the difference between your pre-accident health and your current state.
When Does the Time Limit Begin for Psychological Injury Claims?
The usual limit is 3 years from the date of the accident. However, with psychological injuries, symptoms may appear or be diagnosed later. In these cases, the 3-year period can run from the date of knowledge, which is when you first realised your condition was linked to the accident.
How Do Interim Payments Work in Psychological Injury Claims?
If liability is accepted but your case is still ongoing, you may be able to request an interim payment. This is an advance on your final settlement, often used to cover therapy, treatment costs, or essential living expenses while your claim continues.
Can My Compensation Be Reduced if I’m Partly to Blame?
Yes. If you were partly responsible for the accident, your compensation may be reduced under contributory negligence. For example, if you were 25% at fault, your final settlement would be reduced by 25%.
How Are Long-Term or Chronic Psychological Injuries Treated?
Claims for ongoing conditions such as PTSD, depression, or anxiety disorders consider the future impact on your life. This may include the cost of long-term therapy, medication, and reduced earning capacity. Medical experts will usually provide a prognosis to guide settlement.
How Do Work-Related Psychological Injury Claims Differ?
Employers have a legal duty to protect staff from harm, including psychological harm. Claims can arise from issues like bullying, harassment, or workplace assaults. To succeed, you’ll need to show your employer failed in their duty of care and that this directly caused your condition.
How Do Insurers Challenge Causation in Psychological Claims?
Insurers often argue that psychological harm was caused by other life factors, or that you would have developed the condition anyway. Strong medical evidence and witness statements can counter these arguments and show the accident was the true cause.
What Fees and Costs Will I Actually Pay in a Psychological Injury Claim?
Most psychological injury claims are handled under a No Win No Fee agreement. If your case succeeds, a success fee is deducted from your compensation, capped by law at 25%. Any other agreed costs will be explained upfront, so you know exactly what you’ll take home.
Helpful Links
Some helpful links:
- Get information on car accident claims
- See if you can claim for anxiety after a car accident
- Find out whether you could claim for emotional distress
Thank you for reading our guide, which addresses the question of “how much compensation can be claimed in psychological injury claims?”
