Psychological Injury Claims – How much compensation could I be entitled to?
By Olivia Fitzpatrick. Last Updated 6th July 2021. Welcome to our guide looking at the question “how much compensation for psychological injury could I receive?”.
If you have been involved in any type of accident, be it a car crash, an accident at work, 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 claim the psychological impact as well.
While some types of personal injury claims 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 road traffic accident with relative ease, somebody else may struggle with what has happened. They may feel anxious or fear getting into another car, or they may suffer from post-traumatic stress disorder (PTSD).
No matter what has happened to you or the psychological pain that you have gone through or continue to go through, it is essential to know that this will be taken into account when making a personal injury claim so you will receive the right damages for your trauma.
At Legal Expert, we have years of experience in launching personal injury claims. It is always our aim to secure the maximum amount of personal injury compensation 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.
How much compensation could I claim for psychological injury after 3 years?
Did you know that personal injury claims have a general time limit of 3 years? This means that you must begin making your claim before this limitation period has expired, which is typically 3 years from the date of the incident or from the date of knowledge (when you realised that you suffered as a result).
In other words, if you wait too long before bringing forward your claim, you could lose out on the compensation that you deserve as the time limit will expire.
However, in some cases, exceptions can be made to this period. If a claimant is unable to make legal proceedings themselves, whether they’re mentally incapacitated or they’re under the minimum age of 18, the time limit is frozen until they gain the ability to claim. Alternatively, a litigation friend can claim on their behalf, securing their compensation in a trust that can be accessed for accident or injury-related expenses.
To see if you’re still within the time limit to claim or to see whether you could act as a litigation friend on behalf of another claimant, please don’t hesitate to get in touch today for a free consultation with our team of specialist advisors. In the meantime, if you’re wondering “how much compensation for psychological injury?”, please read on to learn more.
Select a Section
- A complete guide to psychological injury claims
- What is a psychological injury, and how do they occur?
- Statistics on psychological injuries
- Psychological injury examples
- What are the symptoms of psychological injury?
- I have PTSD after armed service – could I claim compensation?
- Psychological injury after a traumatic experience – will I be able to claims?
- Can I Claim For Accident at work causing Psychological Injuries
- Can I Claim For Sexual Abuse Psychological Injuries
- Psychological injuries after a break-in. – could I make a claim?
- I’ve suffered psychological trauma after car crash – do I have a claim
- Claiming for psychological injury as a primary victim
- Claiming for psychological injury as a secondary victim
- What kind of compensation could I receive following psychological injury (Updated March 2021)
- What amount of compensation could I get after a psychological injury
- No Win No Fee psychological injury claims
- Why call us for assistance with psychological injury claims?
- Beginning your psychological injury claim
- Psychological injury claims- FAQs
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 essential to know that you will be receiving damages for both types of injuries.
You can also 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 crucial to know how to go about the claim process and 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, claiming PTSD, psychological injuries as a primary or secondary victim, and how to begin your psychological injury claim.
Before answering the question “how much compensation for psychological injury could I be owed?”, we must first look at what constitutes a psychological injury. 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, inability to cope and feelings of extreme anxiety.
The Mental Health Foundation has provided a comprehensive summary of mental health research, and in this section of the guide, we are going to take a moment to delve into the statistics.
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 several 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.
Mental health conditions can affect people of all ages. The graph below shows the prevalence of different mental health conditions by various age groups.
Mind: For Better Mental Health have also provided statistics regarding mental health outlining some of the most common causes and factors. For instance, 1 in 4 people will experience mental health in England each year. On top of that, 1 in 6 people report experiencing a common mental health problem, such as depression or anxiety. Let’s take a closer look a mental health statistics:
- 8 in 100 people suffer from mixed depression and anxiety.
- 6 in 100 people suffer from Generalised Anxiety Disorder (GAD).
- 4 in 100 people suffer from Post-Traumatic Stress Disorder (PTSD).
- 3 in 100 people suffered from depression.
- 2 in 100 people suffered from a phobia.
- 1 in 100 people suffer from obsessive-compulsive disorder (OCD)
- Fewer than 1 in 100 people suffer from Panic Disorder.
Many different types of conditions count as psychological injuries. This includes the likes of…
- Mood disorders including adjustment and fear
- 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 essential 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 no definition of psychological injuries 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.
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.
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.
The most common symptom an individual with people living with PTSD from his re-experiencing the traumatic event in the form of physical sensations, including trembling, nausea, sweating or pain, and distressing and repetitive sensations images, nightmares, and flashbacks. Other issues include feeling on edge, leading 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. So this can have a profound impact on your social life.
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 have 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 undoubtedly 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, you must get the compensation you deserve. Please find out more in our PTSD guide.
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 critical 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 compensation claim. Other examples include accidents that have happened in the workplace because of employer negligence and injuries that have occurred because of medical negligence, product liability cases, food poisoning, and any other type of accident caused by someone else.
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 outlined by the Health and Safety Executive (HSE):
- 8% of injuries have been caused because of an object falling from a height.
- 29% of accidents were a direct result of a slip trip and fall.
- 19% of incidents were a direct result of handling or lifting items.
- 11% of workplace accidents were caused after being struck by an item.
- 9% of accidents were caused by violence.
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.
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.
If you have been involved in a car crash and it was not your fault, you can claim both the psychological injuries and the physical injuries 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 essential to make sure that you are medically diagnosed so that you can launch a successful claim.
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 needs to be the potential for this to have been the case. You can make a claim if you are a primary 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.
When launching a claim for psychological trauma compensation, you can claim for several 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 you were involved in, you can claim this.
To determine how much compensation you will get, the medical report 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 earnings because you have not been able to work. You can also claim for childcare expenses, medical bills, the cost of hiring a carer, the cost of adapting your accommodation and so on.
If you’re wondering “how much compensation for psychological injury could I be owed?” then you may find our next section of interest. Please read on for more information.
Many 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 crucial to recognise that all cases are handled individually. 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.
Updated July 2021.
|Injury Type||Typical Award Bracket||Description|
|Severe psychiatric damage||£51,460 to £108,620||In these cases the injured person will have marked problems with respect to their ability to cope with life, education and work and relationships with family and friends. The prognosis will be very poor.|
|Moderately severe psychiatric damage||£17,900 to £51,460||In these cases there will be significant problems associated with factors mentioned above but the prognosis will be much more optimistic than in the bracket above.|
|Moderate psychiatric damage||£5,500 to £17,900||While there may have been the sort of problems associated with factors mentioned above, there will have been marked improvement by trial and the prognosis will be good.|
|Less severe psychiatric damage||£1,440 to £5,500||The level of the award will take into consideration the length of the period of disability and the extent to which daily activities and sleep were affected.|
|Severe PSTD||£56,180 to £94,470||In these cases, PTSD will prevent the injured person from working at all or at least from functioning at anything approaching the pre-trauma level.|
|Moderately severe PSTD||£21,730 to £56,180||The effects are still likely to cause significant disability for the foreseeable future, however, the prognosis for some recovery with professional help will be better than in the above bracket.|
|Moderate PSTD||£7,680 to £21,730||The injured person will have largely recovered and any continuing effects will not be grossly disabling.|
|Less severe PSTD||£3,710 to £7,680||A virtually full recovery will have been made within one to two years and only minor symptoms will persist|
|Mental anguish||£4,380||Fear of impending death/reduction in expectation of life.|
|Injuries with a complete recovery||£1,290 to £2,300||Where there is a complete recovery within 3 months|
When you are claiming 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.
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.
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 24 hours a day, 7 days a week. Alternatively, we also have a live chat feature on our website, or you can click here and enquire online.
We look forward to speaking with you.
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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.
This link takes you to the UK Government website so you can understand your rights after a crime.
Can I claim for psychological damage at work?
Yes. If you can show that you’ve suffered from psychological injury because your employer was negligent in some way, you may be able to claim compensation.
Can I claim for psychiatric damage from the NHS?
Yes. In some cases, such as birth injuries, medical negligence can be the cause of psychiatric injuries. In these cases, you may be able to claim.
How much compensation can you get for emotional distress?
This depends on your individual circumstances. Your compensation award will be determined by the effect that your injury has had on your quality of life.
How do you prove psychological injury?
If you think you have suffered a psychological injury and it’s affecting your quality of life, you should seek medical attention. Not only will this ensure that there’s a record of your injuries to strengthen your claim, but it will make sure that you get the treatment you need.
Can I claim for psychological injury caused by assault?
It is possible to claim compensation for emotional trauma caused by criminal acts. The compensation will be paid by the Criminal Injuries Compensation Authority.
What do general damages cover for psychological injuries?
General damages for psychological injuries, like for any other injuries, cover the pain and suffering you experience. It will be based on the extent to which your injuries affect your quality of life, and for how long.
What do special damages cover for psychological injuries?
Special damages for psychological injuries will cover things like any loss of earnings, payment for medication or treatments or care costs. You should keep proof of anything you’ve paid for in order for it to be included in your claim.
How long will a psychological injury claim take to be settled?
Claims with different levels of complexity or disputes over liability will vary in the amount of time they take to be settled. Rest assured that we’ll keep you in the loop at every stage of your claim.
Thank you for reading our guide, which addresses the question of “how much compensation for psychological injury?”.