1. What Is a Psychological Injury Claim?
A psychological injury claim allows victims to seek compensation for mental health conditions caused by an accident, workplace stress, or trauma. It covers conditions such as PTSD, anxiety, depression, and emotional distress resulting from negligence.
2. Can You Claim for Psychological Injury?
Yes, you may be eligible to claim if you developed a psychological condition due to:
- A traumatic accident – Car crashes, workplace accidents, or public incidents.
- Workplace stress – Excessive workload, bullying, or harassment.
- Medical negligence – Misdiagnosis, botched treatments, or birth trauma.
- Witnessing a serious accident – If you developed PTSD from seeing a traumatic event.
- A violent crime – Assault, abuse, or robbery-related trauma.
3. What Compensation Can You Claim for Psychological Injury?
You may be entitled to:
- Medical Expenses – Therapy, counselling, psychiatric treatment.
- Lost Income – If your mental health condition affects your ability to work.
- Pain and Suffering – Compensation for emotional distress.
- Care & Support Costs – If you need long-term mental health care.
- Loss of Enjoyment of Life – If your mental health condition affects daily activities.
4. How Much Compensation Can You Get for a Psychological Injury?
Estimated payouts depend on the severity of your condition:
- Minor psychological distress – £1,000 to £5,000.
- Moderate PTSD or anxiety – £5,000 to £20,000.
- Severe depression or PTSD – £20,000 to £100,000+.
5. How to File a Psychological Injury Claim
- Seek Medical Diagnosis – Get a formal diagnosis from a GP or psychologist.
- Gather Evidence – Keep therapy records, prescriptions, and witness statements.
- Report the Incident – If applicable, inform your employer, police, or relevant authority.
- Consult a Psychological Injury Lawyer – Get expert legal advice.
- File an Insurance or Legal Claim – Negotiate a settlement or pursue court action.
6. How Long Do You Have to Claim for Psychological Injury?
- Personal Injury Claims: 3 years from the accident date or diagnosis.
- Workplace Stress Claims: 3 years from when the stress-related illness was identified.
- Criminal Injuries Compensation: 2 years from the crime date.
- Children’s Claims: Until the child turns 18, then they have 3 years to claim.
7. No Win No Fee Psychological Injury Claims
Most solicitors offer No Win No Fee agreements, meaning:
- No upfront legal fees.
- The lawyer takes a success fee (up to 25%) only if you win.
- If you lose, you don’t pay solicitor fees.
8. Common Mistakes to Avoid in a Psychological Injury Claim
- Not seeking medical help immediately – Weakens your case.
- Failing to report workplace stress – Employers must be informed.
- Accepting a low settlement offer – Insurers often offer less than you deserve.
- Not hiring a specialist lawyer – Can result in reduced compensation.
9. Can You Claim for PTSD After an Accident?
Yes. If PTSD affects your daily life, work, or relationships, you can claim for emotional distress, therapy costs, and lost wages.
10. How Long Does a Psychological Injury Claim Take?
- Simple cases – 6 to 12 months.
- Complex cases (severe PTSD, workplace stress claims) – 1 to 3 years.
Frequently Asked Questions
1. Can I claim for emotional distress without physical injury?
Yes, psychological injury claims can be made even if there is no physical harm.
2. What evidence is needed for a psychological injury claim?
Medical reports, therapy records, prescriptions, and witness statements.
3. How much compensation can I get for PTSD?
Between £5,000 and £100,000+, depending on severity.
4. Can I sue my employer for workplace stress?
Yes, if they failed to prevent excessive stress or harassment.
5. What if my mental health worsens over time?
You can still claim, provided you file within the legal time limit.
6. Should I accept the first insurance settlement offer?
No, insurers often lowball settlements—consult a lawyer first.
Conclusion
A psychological injury claim allows victims to seek compensation for PTSD, anxiety, depression, and emotional distress caused by accidents, workplace stress, or medical negligence. To maximize your payout, seek medical treatment, document your condition, and consult a personal injury lawyer.