Am I Eligible For Post Traumatic Stress Disorder (PTSD) Compensation?
Our No Win No Fee solicitors could help you start your PTSD compensation claim today.
£85 million in compensation
Am I Eligible For Post Traumatic Stress Disorder (PTSD) Compensation?
Our No Win No Fee solicitors could help you start your PTSD compensation claim today.
Everything You Need To Know About PTSD Compensation
Post-traumatic stress disorder (PTSD) can be a debilitating mental health condition caused by experiencing a traumatic event or witnessing one. If you had an accident which wasn’t your fault, you could be entitled to make a personal injury claim with us at JF Law.
Our guide will discuss who is eligible for PTSD compensation, how long you have to make your claim and how our No Win No Fee specialist solicitors could help you.
What You Need To Know
- You could make a PTSD compensation claim with us if you’ve had an accident that wasn’t your fault.
- Your compensation could be for both the mental and physical impact of the accident
- You typically have 3 years from the date of the accident to start your PTSD compensation claim.
- PTSD can arise from a traumatic event in a number of different situations.
- You could make a No Win No Fee claim with us at JF Law.
Contact Us
To find out more information about post traumatic stress disorder claims, you can contact our friendly advisors by:
- Calling 0151 375 9916
- Filling in our online claim form
Or continue reading to learn more.
Am I Able To Claim Post-Traumatic Stress Disorder (PTSD) Compensation?
Yes, however, for you to be eligible for PTSD compensation and to make a claim with us, three components must be present in your case.
- Someone owed you a duty of care
- This duty was breached
- The breach led to your diagnosis of PTSD
These three factors together amount to negligence, which forms the foundation of any PTSD claim.
The duty of care you are owed depends on where your accident occurs:
- In an accident at work, you are owed a duty of care under the Health and Safety at Work etc. Act 1974, by your employer, that they’ve taken reasonably practicable steps to ensure you are safe whilst at work.
- For road traffic accidents, the duty of care you are owed is that all road users must operate on the roads in a way to avoid causing harm or damage. To ensure compliance, road users should follow rules and regulations set out in both the Road Traffic Act 1988 and the Highway Code.
- In public liability accidents, under the Occupiers’ Liability Act 1957, you are owed a duty of care to be kept reasonably safe whilst on the premises.
- For cases of medical negligence, you are owed a duty of care by each medical professional who treats you. They must do all that is expected of them to reach the minimum standard required in their role.
You might also be wondering if there are any circumstances where you could claim on behalf of a loved one or family member. In two situations, you are able to claim for someone else, these are if:
- The claimant is under 18, as they cannot legally claim for themselves
- The individual is a vulnerable adult who lacks the capacity to claim on their own behalf
Claiming for someone else is a role known as a litigation friend. This role comes with a few responsibilities, such as:
- Discussing the PTSD compensation claims process with the claimant
- Acting in the claimant’s best interest
- Talking with the claimant’s solicitor
You can apply to be a litigation friend or can be appointed by the courts.
If you have any questions about claiming on behalf of someone else, contact us today to discuss this.
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How Much Compensation Can I Get For PTSD?
The amount of PTSD compensation that you could receive depends on a few factors such as the severity of your PTSD, the impact it has on your life and how long your projected recovery time could be.
When determining your compensation, those responsible can refer to frameworks such as the Judicial College Guidelines (JCG). This publication provides guideline compensation brackets for both physical and psychological injuries.
Our table below shows suggestive amounts that you could receive in a successful PTSD compensation claim. Please note here that the first figure hasn’t been taken from the JCG, but all other entries have been.
| Injury | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple Severe Injuries + Special Damages | Multiple Serious Injuries and Special Damages | Cases here will have experienced a number of serious injuries, plus special damages compensation such as loss of earnings. | Up to £500,000+ |
| Psychiatric Damage Generally | Severe | The factors which will impact the level of award in this category can include the injured person’s ability to deal with life, education or work. Any future vulnerability will impact the sum of compensation, and whether medical help has been sought will also be considered. | £66,920 to £141,240 |
| Psychiatric Damage Generally | Moderately Severe | This bracket differs to the one above as cases here would have a better prognosis. Cases of work related stress or stillbirth might fall into this category. | £23,270 to £66,920 |
| Psychiatric Damage Generally | Moderate | Prognosis in these cases will be good and the claimant will have improved prior to any trial. However, there have been the same sorts of problems coping with life as more severe cases. | £7,150 to £23,270 |
| Psychiatric Damage Generally | Less Severe | In this bracket, things like the period of disability and extent of which daily activities and sleep was affected. | £1,880 to £7,150 |
| Post-Traumatic Stress Disorder (PTSD) | Severe | Cases in this bracket will show an inability to function at the same level as pre-trauma. All aspects of the individual’s life will be impacted. | £73,050 to £122,850 |
| PTSD | Moderately Severe | Cases here will show a more recovery with professional help. However, the impact of the PTSD is still likely to cause significant disability for the foreseeable future. | £28,250 to £73,050 |
| PTSD | Moderate | In this bracket, the individuals will have largely recovered and any continuing effects will not be grossly disabling. | £9,980 to £28,250 |
| PTSD | Less Severe | Cases in this bracket will have essentially fully recovered within one to two years. Any other continuing symptoms will be minor. | £4,820 to £9,980 |
What Determines My PTSD Payout Amount?
In PTSD compensation claims, your payout amount can be made up of two heads of claim. These are called general and special damages.
Your general damages are compensation for the pain, suffering and any loss of amenity caused by your accident. What this means is that if your PTSD has meant you’re unable to enjoy your life the way you did beforehand, this will be taken into consideration in this head of claim.
Special damages are a head of claim for the financial impact of your accident and the subsequent PTSD. Your special damages can include things like:
- Loss of earnings or earning potential
- Medical costs
- Care costs
- Prescription costs
In order for you to be able to claim special damages as part of your PTSD compensation, you will need evidence which demonstrates how you have been financially impacted. This could be:
- Payslips to demonstrate loss of earnings
- Medical invoices
- Prescription receipts
We discuss evidence later on in our guide, but as part of the services offered by our expert solicitors, they would assist you in gathering items to support this part of your claim.
Contact us today to discuss your potential PTSD compensation amount.
What Can Lead To A PTSD Claim?
PTSD can occur when you are exposed to a traumatic event or as a result of suffering a traumatic event yourself.
Below, we discuss common examples of how PTSD compensation claims could arise.
Military Accidents
If you’ve been in the military, PTSD can be a common impact. You might’ve been exposed to combat stress or traumatic events, which can trigger symptoms of PTSD.
An example of how a military accident could lead to PTSD could be if you were subjected to witnessing fellow soldiers suffer fatalities, or you might’ve experienced a severe head injury, leading to brain damage and PTSD.
Accidents At Work
You could suffer PTSD after an accident at work. For example, you are working in the warehouse when a roll cage falls on top of you and crushes your leg. You suffer a traumatic amputation as a result of this, and suffer PTSD following your accident.
Road Traffic Accidents
You might’ve been involved in a traumatic road traffic accident, which has unfortunately led to PTSD. You could have been in an accident where you witnessed someone suffer a fatality, or you may have suffered spinal cord injuries, which have had a knock-on effect on your mental health.
We understand that experiencing a road traffic accident can have a profoundly life-changing impact. If you’ve suffered PTSD due to an accident which wasn’t your fault, you could be eligible for PTSD compensation, and we’re here to help.
Accidents In Public Places
Public liability accidents can also be a cause of PTSD. You might’ve been attending a concert when a crush happened because the occupier of the premises failed to upkeep the venue. You unfortunately witness this crush firsthand, and suffer a broken leg and PTSD.
Medical Negligence
When receiving medical treatment, a lot of people feel nervous or anxious beforehand. You might’ve attended the hospital for a surgery on your arm, but you woke up in the middle of the surgery; you hadn’t been administered enough anaesthesia. You then develop severe PTSD as a result.
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How Long Will I Have To Claim For PTSD?
Generally, in most cases, you have 3 years from the date of your accident to start your PTSD compensation claim. This time limit is set out in the Limitation Act 1980.
There are, however, two exceptions to this time limit, which are:
- If the claimant is under 18, as we mentioned earlier, they can’t claim on their own behalf
- If the claimant is mentally incapacitated
In PTSD compensation claims, we understand that some cases can involve those who would be considered vulnerable adults. The time limit for these cases only resumes if these individuals regain mental capacity, and then the time limit would run from their date of recovery.
The time limit for claimants under 18 is from the date of their 18th birthday till their 21st birthday to start their claim.
Contact us today if you are wondering if you’d fall into the permitted time limit.
Will I Need Evidence To Prove My Claim?
Yes. All personal injury claims need supporting evidence. Evidence in PTSD claims can help to demonstrate why someone else’s negligent action or inaction has led to your PTSD. This helps to strengthen your claim, as it clearly shows how the accident has affected your life.
Your evidence can be documentation such as:
- GP or medical records – these can show the severity and impact of your PTSD on your life.
- Expert medical correspondence – if you have any correspondence with a psychiatrist, to demonstrate how the PTSD is affecting you.
- Contact details of anyone who could provide a witness statement – this could be people who witnessed a traumatic event, or alternatively, someone who witnessed the psychological impact that your PTSD has had on you.
These are only a few examples of what evidence may be useful in PTSD compensation claims, so if you have any questions about evidence, contact our advisors today to learn more.
Can I Claim On A No Win No Fee Basis?
Yes, by choosing to work with our solicitors at JF Law, you can claim on a No Win No Fee basis.
This type of claim would be via a Conditional Fee Agreement, which is a way to fund your solicitor’s work, as it means you don’t have to pay for their services at the beginning or during your claims process.
Rather, a success fee would be taken from your compensation if your claim were successful. This fee is a limited percentage restricted under the Conditional Fee Agreements Order 2013 to ensure you receive the majority of your compensation.
If your PTSD compensation claim were unsuccessful, you wouldn’t be expected to pay a penny for our solicitor’s work on it.
By choosing to work with us at JF Law, you can expect to be supported at every stage of your PTSD compensation claim. Our team will ensure that your claim is started within the permitted time limit and assist you with gathering evidence and advocating on your behalf.
Contact JF Law
Contact our friendly team to discuss your PTSD compensation claim. You can reach us by:
- Calling 0151 375 9916
- Filling in our online claim form
Frequently Asked Questions
What Is PTSD?
PTSD is a mental health condition which may be brought on through experiencing a traumatic or distressing event.
What Are The Symptoms Of PTSD?
The most common symptoms of PTSD can include:
- Physical sensations like sweating or struggling to breathe
- Panic attacks
- Intrusive thoughts
- Feeling numb or detached from your body
- Feelings of blame or guilt
- Having difficulty concentrating
How Is PTSD Treated?
PTSD treatments can include talking therapy or certain types of trauma-focused cognitive behavioural therapies.
Can I Claim Any Benefits If I Have PTSD?
Yes, you can claim certain benefits if you have PTSD. You may be eligible for Personal Independence Payment, a benefit for individuals struggling with mental health conditions.
Contact us to find out more about what benefits you could be eligible for.
How Long Will A PTSD Claim Take To Settle?
Each case varies in terms of how long it takes to reach a settlement. It depends on things like case complexity, and case specifics could also impact how long it might take. However, you might be able to apply for interim payments before a final settlement is reached.
If you are wondering how long your PTSD compensation claim might take, contact us today, and our advisors will be happy to discuss this with you.
More Information
Read our other guides on:
- How to make a claim if you’ve been involved in a car crash
- Claims for manual handling injuries
- How to make a claim if you have slipped in a public place
Useful External Resources
- How to claim Statutory Sick Pay from GOV.Uk
- When to report a workplace injury from the Health and Safety Executive
- When to call 999 from the NHS
If you need any further help or guidance on claiming PTSD compensation, please speak to one of our friendly advisors.
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