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Psychological Injury Claims – How much compensation could I be entitled to?

If you have been involved in any type of accident, be it a car crash, an accident in the workplace, an incident involving medical negligence, or any other type of accident, damages cannot only be physical, but psychological as well. When you are making a personal injury claim, you cannot only claim for the physical pain and suffering you have been subject to, but you can also make a claim for the psychological impact as well.

Psychological injury

Psychological injury

While there are some types of personal injury claims that regularly include psychological damages, for example, medical negligence that has led to birth injuries, we are all human and we react to things differently. While someone may be able to get over the effect of a car crash with relative ease, somebody else may struggle with what has happened. They may feel anxious, the fear to get in another car, or they may get flashbacks. No matter what has happened to you or the psychological pain that you have gone through or continue to go through, it is important to know that this will be taken into account when making a personal injury claim and you will receive them the right damages for this trauma. At Legal Expert, we have years of experience in launching personal injury claims and it is always our aim to secure the maximum amount of compensation that is possible for each case. This includes compensation for all of the physical trauma that you have suffered. Read on to discover everything you need to know about making psychological injury claims. If you still have any questions, you will find our contact details at the end of this guide.

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A complete guide to psychological injury claims

The legal system places as much emphasis on mental and psychological injuries as physical injuries, and rightly so. If you have been involved in an accident, it is likely that you have suffered both physical and psychological injuries. It is important to know that you will be receiving damages for both types of injuries. You can also make a claim if you have only sustained mental injuries and you have not experienced any physical injuries. For example, family members can claim if they have been involved in an accident and they have witnessed one of their family members die due to what has happened. If you want to make a claim for psychological damages, it is important to know how to go about the claim process as well as the amount of compensation you may receive. In this guide, you will find out everything you need to know, including the typical psychological injury compensation amounts, making a claim for PTSD, psychological injuries as a primary or secondary victim, and how to begin your psychological injury claim.

What is a psychological injury and how can they occur?

A psychological injury in the UK or anywhere else in the world can happen if you have been the victim of any type of traumatic event or you have witnessed any type of traumatic event. This could be anything from a military incident to an accident at work or a road traffic accident. Psychological illnesses can include the likes of depression and post-traumatic stress disorder (PTSD). There are many different symptoms you can experience if you are suffering from a psychological illness. This includes nightmares, flashbacks, irritability, low mood, and feelings of extreme anxiety, anger, guilt, and grief.

Statistics on psychological injuries

Mental health injuries are more common than most people realise. In the document entitled Fundamental Facts about Mental Health 2016, which has been provided by the Mental Health Foundation, there are a number of interesting statistics regarding the prevalence of mental health around the world and in the United Kingdom. In the UK, almost one in two adults believe that they have suffered from a mental health condition at some point in their life. A third of women and a fifth of men have had their diagnosis confirmed by medical professionals.

The UK government have also provided statistics regarding mental health in the workplace. In their most recent publication, they have stated that 12.5 million days of work were lost between 2016 and 2017 because of anxiety, depression, or work-related stress. In this period, there were also 526,000 workers suffering from work-related stress, anxiety, or depression. The main reason why workers felt this way is because of their workload, however, other reasons for feeling stressed, depressed, or anxious include lack of support, violence, threats, bullying, and changes in the workplace.

Psychological injury examples

There are many different types of conditions that count as psychological injuries. This includes the likes of…

  • Mood disorders including adjustment and fear
  • Depression
  • Anxiety disorders
  • Post-traumatic stress disorder

In the workplace, a psychological injury refers to any type of stress that is work-related and can be linked to an emotional condition that results from perceived or real harm. It is important to recognise that a psychological injury is not merely workplace stress. However, stress is a response to the mental disorder the person is experiencing. This could be depression, an anxiety disorder, or one of the other examples have been presented above.

As you can see, there is not a single definition of psychological injuries that has been set in stone, so to speak. This is because everyone is different and we can all experience mental injuries in different ways. However, this does not mean that employers are able to exploit the lack of definition.

What are the symptoms of a psychological injury?

There were many different types of symptoms that a person can experience if they are suffering from a psychological injury. Of course, this all depends on the type of psychological injury you are experiencing. Nevertheless, we will shed light on some of the most common conditions below, as well as the symptoms that are usually associated with them.

Depression symptoms

This can lead to disturbed sleep, feeling irritable, feeling tearful, having no interest and motivation in anything, and feeling in a low mood all of the time.

Anxiety disorder symptoms

When someone is experiencing anxiety, they can often also experience physical sensations like dizziness and heart palpitations, feelings of restlessness, or worry, and sleeping difficulties.

PTSD symptoms

The most common symptom an individual with PTSD sufferers from his re-experiencing the traumatic event in the form of physical sensations, including trembling, nausea, sweating or pain, as well as distressing and repetitive sensations or images, nightmares, and flashbacks. Other issues include feeling on edge, which can lead to problems with concentration, insomnia, angry outbursts, and irritability. You may also feel that you are unable to relax because of acute anxiety, you may not be able to talk about the event, and you may suffer emotional avoidance of memory triggers concerning the events, including the people and the places, and so this can have a profound impact on your social life.

I have PTSD after armed service – can I claim compensation?

A lot of people suffer PTSD after they have gone to war. After all, this condition happens due to experiencing a traumatic event, and what could be more traumatic than serving in the armed services? If you are suffering from PTSD because of this, you may be wondering whether you can make an accident claim. Naturally, this does depend on the circumstances of your PTSD. As PTSD is a known symptom of serving in the war, it is unlikely that you will be able to claim just for having the injury. Nevertheless, you can certainly claim if your symptoms have been untreated or they have not been diagnosed quickly. You can also claim if you have been forced to go back to duty when you have expressed that you are suffering from flashbacks or the other symptoms that are common with this condition. If this has happened, it is imperative that you get the compensation you deserve. Find out more in our PTSD guide.

Psychological injury after a traumatic event – will I be able to claim?

If you have been involved in an accident and it was not your fault, then there is a very high chance that you will be able to claim compensation. When launching an accident claim, the most important aspect is establishing responsibility and being able to prove who is to blame for what has happened. For example, you may have been involved in a road traffic accident that was caused by a careless driver, and if so, you will be able to launch a claim for compensation. Other examples include accidents that have happened in the workplace because of employer negligence as well as injuries that have occurred because of medical negligence, product liability cases, food poisoning, and any other type of accident that was caused by someone else.

Can I claim for an accident at work causing psychological injuries?

If you have been injured in the workplace and it was not your fault, you can claim for the pain and suffering you have experienced because of it. This not only includes physical injuries, but you can also claim for the psychological damages too. You need to be able to prove that the accident was not your fault. In most cases, it will be the employer that is to blame for what has happened. All employers have a duty to ensure that they provide a healthy and safe working environment for their workforce. If your employer has failed to do this and you have suffered psychological injuries as a consequence, you will be able to claim. There are many different ways that an accident can happen in the workplace. Here are some common examples…

  • Injuries that have been caused because of an object falling from a height
  • Injuries that have been caused because you have not received the correct training
  • Injuries that have happened because an employer has not carried out the necessary risk assessments or they have ignored the findings within risk assessments
  • Injuries that have been closed because of faulty equipment and machines
  • Injuries that have been sustained because of falls from height
  • Injuries that have been sustained because of assault in the workplace
  • Injuries that have been caused because the work environment has not been maintained well

Can I claim for sexual abuse psychological injuries?

There is no denying that sexual abuse can be one of the most traumatic experiences for any person to go through. Survivors of sexual violence can often experience a wide range of both physical and psychological disorders because of what has happened to them. Examples include this disassociation, substance abuse, sexually transmitted infections, self-harm, post-traumatic stress disorder, flashbacks, depression, sleep disorders, and eating disorders. If you have experienced any of the symptoms that have been mentioned or any other type of mental injury because of what has happened to you, you will be able to make a claim for this. Please do not hesitate to get in touch with us for further information. You can rest assured that we handle all cases with complete confidentiality.

Psychological injuries after a break-in – can I make a claim?

If you have been injured due to a burglary, you may be feeling anxious and not safe in your own home. No one should feel this way and if the injuries that have been sustained are not your fault, you will be able to make a claim to make sure that justice is served and to ensure that you have the finances you need to get your life back on track.

I’ve suffered psychological trauma after a car crash – do I have a claim?

If you have been involved in a car crash and it was not your fault, you can claim for both the psychological injuries and the physical injuries that you have suffered. Car accidents can often be quite traumatic. Some people may be scared to get back in a car again, and others may have flashbacks of the event. No matter what type of psychological injury you are suffering from, you will be able to claim, but it is important to make sure that you are medically diagnosed so that you can launch a successful claim.

Claiming for a psychological injury as a primary victim

A primary victim is an individual who could reasonably and foreseeably suffer physical damage due to a defendant’s actions. Medical negligence is a prime example of this. The claimant does not actually need to suffer physical harm in order to be classified as a primary victim, there simply needs to be the potential for this to have been the case. You can make claim if you are a primary victim.

Claiming for a psychological injury as a secondary victim

The definition of a secondary victim is a little bit more complicated. This is described as a witness to an injury that was passive and unwilling. There are many different circumstances in which a person can become a secondary victim, for example, you may have been present at the scene of a traumatic event shortly after it happened, you may have had close ties of affection and love to the person that suffered, or the event may have come from sudden and unexpected shock. All in all, the psychological damages you have suffered have resulted from seeing someone you love in extreme danger or discomfort, or indeed witnessing the death of the primary victim. You need to prove that shock has played a role in how you are feeling and in most cases there will be some sort of relationship or connection between you and the person who has suffered. You are able to make a claim as a secondary victim and if you wish to do so please use our contact information at the end of this guide to get in touch for more details about these psychological injury claims.

What kind of compensation could I receive following a psychological injury?

When launching a claim for psychological trauma compensation, you can claim for a number of different damages. This includes general damages, which is the compensation that you will get for the psychological pain and suffering you have been subjected. Of course, if you have also experienced physical pain and suffering because of the accident that you were involved in, you can claim for this as well. In order to determine how much compensation you will get, the medical report that has been provided by your doctor or another healthcare professional will be taken into consideration. You are also able to claim for any costs that you have had to fund because of the accident you have been involved in. This could be a loss of income because you have not been able to work. You can also claim for childcare expenses, medical expenses, the cost of hiring a carer, the cost of adapting your accommodation and so on.

What amount of compensation can I get after a psychological injury?

A lot of people get in touch to discover how much compensation they will receive if they go ahead and make it claim for psychological injuries. How much compensation for PTSD after a car accident? What are the depression compensation payouts I will receive? These are some of the questions we are regularly asked. While you may have come across a psychological compensation calculator online, it is important to recognise that all cases are handled on an individual basis. Therefore, it is impossible to tell you exactly how much you will receive in terms of your personal injury psychological damage payout. If a solicitor promises you a certain amount of money, please take this with a pinch of salt because nobody knows how much compensation will be granted until it actually is. Nevertheless, we can help to give you an understanding of how much money you may be entitled to by looking at psychological injury examples and the common payout amounts for them. You will find this information in the table below.

Injury TypeTypical Award Bracket
Severe psychiatric damage £41,675 - £88,000
Moderately severe psychiatric damage£14,500 - £41,675
Moderate psychiatric damage£4,450 - £14,500
Less severe psychiatric damage£1,170 - £4,450
Severe PSTD£45,500 - £76,500
Moderately severe PSTD£17,600 - £45,500
Moderate PSTD£6,225 - £17,600
Less severe PSTD£3,000 - £6,225

No Win No Fee psychological injury claims

When you are making a claim for psychological injury, it is imperative to choose a solicitor with care. One of the most important things you need to do is make sure that the solicitor works on a No Win No Fee basis. You can be certain of this when you work with Legal Expert because all of our claims or 100% No Win No Fee. This means that you will only pay legal fees if your case is successful and you have been awarded compensation. The legal fees you pay will come from your compensation. Basically, you will have already agreed on a percentage of the compensation that will be payable to your lawyer for the services provided. This provides you with financial security because you know that you are never going to be in the position where you have a legal bill to fund yet no compensation.

Why call us for assistance for psychological injury claims?

While there may be many legal firms to choose from in the United Kingdom today, you will struggle to find a better service than the one provided by us. We have years of experience in the industry and we always treat our customers well. We have handled many psychological injury claims before, and it is always our aim to secure the maximum compensation amount.

Beginning your psychological injury claim

If you are ready to make a claim all you need to do is get in touch with us. There are a number of ways you can do so. You can call our personal injury claims line on 0800 073 8804. This line is open from 9 a.m. until 9 p.m. and we also have a live chat feature on our website. You can use the online contact form to get in touch as well, or enter your details in the call back box and we will ring you as soon as possible.

Helpful links

Car Accident Claims and Advice

Find out how much compensation you can claim after a car accident.

Assault Compensation Claims

If you have been the victim of a assault find out if you can claim compensation

Rape Victim Compensation Claims

Find out how much compensation you could claim for rape in the UK

Victim support Link

This link provides information on what you can do if you have been the victim of a crime as well as the financial compensation you may receive.

What rights do I have after crime

This link takes you to the UK Government website so you can understand your rights after a crime.

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