1. What Are Mental Health Claims?
Mental health claims are legal actions taken by individuals suffering from psychological injuries caused by negligence, traumatic events, or workplace conditions. These claims aim to secure compensation for emotional distress, lost income, and treatment costs.
2. Can You Claim for Mental Health Issues?
Yes. You may be entitled to compensation if your mental health condition was caused by:
- A traumatic accident (car crash, workplace injury)
- Workplace stress, bullying, or harassment
- Medical negligence (e.g., misdiagnosis or delayed treatment)
- Discrimination or abuse
- Witnessing or being involved in a fatal incident
To make a successful claim, you must prove that someone else’s negligence caused your condition.
3. Common Mental Health Conditions You Can Claim For
- Post-Traumatic Stress Disorder (PTSD)
- Anxiety and panic disorders
- Depression
- Sleep disorders
- Emotional distress or trauma
- Adjustment disorders
- Mental breakdown or burnout
A diagnosis from a medical or mental health professional is essential for supporting your claim.
4. Who Can Be Held Liable?
Mental health claims may be made against:
- Employers (for work-related stress or bullying)
- Drivers or insurers (after car accidents)
- Medical professionals (for psychiatric negligence)
- Schools or institutions (for emotional abuse or neglect)
- Local authorities or organisations (for failure in duty of care)
The key is proving a breach of duty led to psychological harm.
5. What Can You Claim Compensation For?
A mental health claim can cover:
- General damages – For pain, suffering, and reduced quality of life
- Special damages – For financial losses, including:
- Private therapy or counselling
- Lost wages or loss of future earnings
- Travel expenses for treatment
- Medication and rehabilitation costs
- Impact on personal and professional relationships
Claims reflect both emotional harm and financial impact.
6. Average Compensation Amounts for Mental Health Claims
Compensation depends on severity and long-term effects:
- Mild trauma (short-term): £1,000 – £4,000
- Moderate mental health impact: £5,000 – £20,000
- Severe PTSD or depression: £20,000 – £100,000+
- Life-altering psychiatric injury: £100,000 – £250,000+
Each case is unique, and expert medical evaluations will influence the payout.
7. How to Make a Mental Health Claim
- Get a diagnosis from a GP or psychologist/psychiatrist.
- Document the cause of the injury – incidents, dates, people involved.
- Gather evidence such as emails, accident reports, or witness statements.
- Contact a personal injury or employment solicitor experienced in mental health claims.
- File your claim – your lawyer will manage all legal steps and negotiations.
Most solicitors offer No Win, No Fee services.
8. Time Limits for Mental Health Claims
You generally have three years from:
- The date of the incident, or
- When you became aware of the mental injury
Exceptions apply for minors or those lacking mental capacity.
9. Do Mental Health Claims Go to Court?
Most claims settle through negotiation. Court is only needed if:
- Liability is denied
- Compensation offers are too low
- Complex psychiatric evaluations are required
Your solicitor will prepare you and represent you if needed.
10. Will Making a Claim Affect My Job?
If you’re claiming against your employer, the law protects you from retaliation. You cannot be legally dismissed or discriminated against for making a valid claim. If this happens, you may have grounds for a separate employment claim.
Frequently Asked Questions
Q1: Can I claim if I wasn’t physically injured?
Yes. You can claim for purely psychological injuries if they were caused by someone else’s negligence or misconduct.
Q2: What evidence do I need?
Medical records, therapy notes, emails, HR complaints, witness statements, and accident reports can support your claim.
Q3: Can I claim for work-related stress?
Yes, if your employer failed to manage known risks or ignored mental health concerns.
Q4: Is compensation taxable?
No. Compensation for personal injury, including mental health, is tax-free in the UK.
Q5: Can I claim if a loved one developed a condition?
You may be able to claim on their behalf or as a dependent in fatal cases.
Q6: How long do claims take?
Simple cases may take 6–12 months; complex claims involving psychiatric reports may take 12–24+ months.
Conclusion
Mental health injuries are just as real as physical ones—and deserve recognition and compensation. If you’ve suffered psychological harm due to negligence or trauma, don’t face it alone. Start your mental health claim today and secure the support and justice you deserve.