Learn How To Make A Psychological Injury Claim
Find out how to make a psychological injury claim with our No Win No Fee solicitors.
£85 million in compensation
Learn How To Make A Psychological Injury Claim
Find out how to make a psychological injury claim with our No Win No Fee solicitors.
Mental trauma can make it difficult for you to conduct daily activities like your work, hobbies, or even living your life. The psychological trauma could be for a short time, long-term or even permanent, depending on the injury inflicted. You may require somebody to look after you and have a certain dependence on others. This guide examines how to make a psychological injury claim if you can prove that a responsible party was liable for your mental injury.
We’ll discuss the process of making a psychiatric damage claim and how compensation could be awarded. Additionally, we explore accidents that could result in a mental health injury as well as examples of the types of mental harm you could claim for.
Furthermore, we look at the ways in which a solicitor offering No Win No Fee services can help you.
Contact our advisors now to know more about personal injury claims. Our advisory team is available around the clock to help answer your questions, value your claim, provide free legal advice and if you meet the eligibility, they could connect you to a solicitor.
- Call us at 0151 375 9916.
- Request a callback by filling out our online form.
Am I Eligible To Make A Psychological Injury Claim?
There is a common misconception that you can only claim compensation if you suffer physical injuries. However, if you have a valid claim, you may also include compensation for your psychological injuries. Furthermore, the incident may have caused psychiatric damage on its own. However, you could still have a valid personal injury claim.
There are certain situations where another person is responsible for your safety and well-being. This is known as the duty of care and is an essential element of any compensation claim.
An eligible psychological injury claim has the following elements:
- A liable party owed you a duty of care.
- They breached this particular duty.
- You suffered a psychological injury due to this breach.
Speak to us now for a free case assessment and we’ll help you to determine the eligibility of your claim.
How Much Compensation For A Psychological Injury Claim?
Because every psychological injury is different, every claim will be different. Hence, there is no fixed answer for how much compensation you could receive. However, we will look at how compensation could be awarded should you make a successful claim. If you would prefer, an advisor from our team can talk through the specifics of your case and provide you with a more accurate figure. Call the number above.
A successful psychological injury claim may include the following compensation heads:
- General Damages: This head denotes compensation for your mental and physical injuries.
- Special Damages: This head denotes compensation for the financial losses you’ve suffered as a result of your injuries.
How Your Compensation Is Calculated
To help when valuing your psychological injury, the party who does so may refer to the Judicial College guidelines (JCG). The JCG offers guideline values for different types of injuries for personal injury claims.
The table below summarises some of the JCG figures for psychological injuries, barring the first row. Please remember to use this table only for guidance.
Injury Notes Compensation Guidelines
Severe Psychological Harm and Financial Losses This includes compensation for extreme psychological trauma along with financial losses such as loss of earnings. Up to £500,000+
Severe Psychiatric Damage Many factors are considered like the impact on the individual’s ability to work, their interpersonal relationships and ability to cope in life along with the prospect of success of treatment. £66,920 to £141,240
Moderately Severe Psychiatric Damage While there are serious issues, there is a more positive prognosis and the chance of a more optimistic outcome than in more severe cases of psychiatric damage. £23,270 to £66,920
Moderate Psychiatric Damage There are various issues but along with remarkable improvement and overall positive prognosis. £7,150 to £23,270
Less Severe Psychiatric Damage The award depends on factors like how much impact is there on sleeping and other daily activities. £1,880 to £7,150
Severe PTSD All aspects of life have been negatively impacted and the individual is not able to function at the pre-trauma level. £73,050 to £122,850
Moderately Severe PTSD There is a significant disability but with a better prognosis than more severe PTSD if the claimant has professional help. £28,250 to £73,050
Moderate PTSD The individual may experience some continuing effects, but these are not grossly disabling. £9,980 to £28,250
Less Severe PTSD The person has virtually made a complete recovery within 1-2 years. £4,820 to £9,980
Special Damages In Psychiatric Injury Claims
You may be able to claim for the following special damages or financial losses:
- Current and future loss of earnings due to time taken off from work.
- Professional care costs
- Medical expenses, including travel costs
- Additional costs for hiring help to clean your house or care for your children
If you’re still confused about what expenses you could be reimbursed for, you can speak to our advisors for further guidance on calculating compensation.
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Types Of Accidents That Can Lead To Psychological Damage
Here are some common accidents which could form the basis of a psychological injury claim:
- In the Workplace: Your employer owes all employees a duty of care to take reasonable and practical steps to ensure their health, safety and wellbeing in the workplace as set out in the Health and Safety at Work etc. Act 1974 (HASAWA).
- For Example: You suffer a crush injury in your arm because you were instructed to operate a machine without any training or safety gear. This accident has given you moderate PTSD, because of which your daily life was severely impacted. This may lead to an eligible accident at work claim against your employer that could compensate for both the PTSD and the crush injury.
- On the Road: All road users have a duty of care towards each other. They must navigate the roads safely and follow the rules of the Highway Code and the Road Traffic Act 1988.
- For Example: A sudden rear-end collision results in giving you a whiplash injury and anxiety. In this case, you may be able to make a road traffic accident claim against the other driver.
- In Public Places: Those who control a public place are responsible for ensuring the safety of all visitors. The Occupiers’ Liability Act 1957 denotes such individuals as ‘occupiers’ and mandates that they take reasonable steps to comply with this duty.
- For Example: While you’re shopping in a supermarket, an improperly secured shelf falls on top of you, knocking you down. In addition to a chest injury, you also struggle with nightmares and cold sweats. Therefore, you may have a basis to make a public liability claim against the supermarket.
An advisor can discuss the circumstances of your injuries and assess whether you have good grounds to claim compensation. Call today to find out more.
What Kinds Of Psychological Illnesses Can You Claim For?
Here are some mental illnesses for which you might be able to make a psychological injury claim:
- Post-traumatic stress disorder (PTSD)
- Depression
- Generalised anxiety disorder
- Panic attacks
- Insomnia or difficulties in sleeping
- Suicidal thoughts or ideation
Contact us now for a free case assessment.
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possible for our clients.
We pride ourselves on providing the best service possible for our clients.
Can I Claim On The Behalf Of Someone Who Is Unable To Do So For Themselves?
You can make a psychological injury claim on behalf of individuals who are:
- Minors: An individual below the age of 18 cannot make their own claim.
- Have Reduced Mental Capacity: If a person cannot handle a claim themselves, you could claim for them.
In both cases, a loved one or any other trusted person could file a claim on their behalf by applying to be a litigation friend. The court will make the appointment after determining the suitability according to the following criteria:
- There’s no conflict of interest.
- The individual is capable of making competent and fair decisions related to the claim.
However, the individual can only apply to become a litigation friend until:
- The minor turns 18.
- The individual regains their mental capacity.
In such instances, the individuals are expected to start their own claim within the time limit, which we’ll discuss later.
How To Make A Psychological Injury Claim
If you wish to make a psychological injury claim, there are certain important steps, such as knowing the time limit and collecting evidence that you must take.
Gathering Evidence To Prove Your Case
Gathering evidence to support your mental injury claim is an important step. It will need to show liability for the damage to your mental health. Here are some examples of the evidence which could help:
- Medical records
- Psychiatric evaluation records
- Photographs of the accident site
- Personal written records or diary entries of the accident
- Dashcam or CCTV footage
How Long You Have To Begin A Claim
According to the Limitation Act 1980, you have 3 years from the date of the accident to begin your psychological injury claim. However, there are some exceptions when this time limit may not apply:
- Minors: The time limit is paused until the minor’s 18th birthday.
- Reduced Mental Capacity: In these cases, the time limit is frozen, possibly indefinitely. It will only start if the individual recovers this capacity.
How Long It Takes To Get Psychological Damage Compensation
Since the facts of every personal injury claim differ, the time they take to conclude also varies. However, there are certain factors which could influence the time taken, such as:
- Strength of evidence
- Claim complexity
- The severity of your mental injuries
- Whether the other person accepts or denies liability
- Negotiations involving the compensation amount
An experienced psychological injury solicitor will be able to provide you with a rough timeline for your case.
Why Choose JF Law For Your Claim?
Our solicitors have years of experience in dealing with psychological trauma claims. They possess a fine balance of sensitivity and competence to handle your claim. If you choose to make your claim with us, your solicitor will assist you in the following procedures:
- Collecting evidence.
- Simplifying and explaining complicated legal language.
- Starting your claim on time.
- Responding to official communications.
- Providing timely updates on the progress of your case.
Additionally, our solicitors offer their work on a No Win No Fee basis through a Conditional Fee Agreement (CFA). Some benefits of this agreement are:
- You don’t have to pay any upfront fees for the solicitor to start working on your case.
- There is no payment expected to continue working on the claim.
- If your claim is unsuccessful, you don’t have to pay the solicitor for their services.
- Your solicitor will take a certain percentage from your compensation as their success fee if your claim is successful.
- Since this percentage is subject to a legal cap, you will retain most of your compensation.
Get in touch with our No Win No Fee solicitors now:
- Call us at 0151 375 9916.
- Request a callback by filling out our online form.
More Information
Thank you for reading our guides on making a psychological injury claim. You can read some of our other guides as well:
- Our guide on bus accident claims.
- Information on making a back injury claim.
- Details on spinal cord injury claims.
Some of these links from across the web might be useful for you:
- Guidance from the NHS on mental health.
- Advice from the HSE for employees having mental health conditions.
- Information from the NHS on head injuries and concussions.
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