The impact of an accident can vary. For example, if you were involved in a more serious incident, you could be impacted psychologically. This could involve suffering from Post-Traumatic Stress Disorder (PTSD). If you have experienced this type of harm due to someone else’s negligence, this guide can help you understand whether you’re eligible to make a PTSD claim.
Throughout this guide, we will share some guidance on the process of making a claim, including the steps you could take to support your case.
Additionally, we will explore what your settlement could comprise, should your claim succeed.
Furthermore, if you’re interested in hiring a solicitor, this guide could help by providing information on how a No Win No Fee solicitor offering their services under a Conditional Fee Agreement (CFA), could help.
If you require any further clarification on anything mentioned in this guide, or you would like to discuss your potential claim in more detail, get in touch with our team. To contact an advisor, you can:
- Call us on the number at the top of this page.
- Complete our online contact form.
- Use our live chat feature to speak with an advisor now.
A guide on making a PTSD claim
Choose A Section
- Guidance On Making A PTSD Claim
- Calculating Compensation For A Trauma Claim
- What Is PTSD?
- What Evidence Could I Gather To Support My PTSD Claim?
- What Is A No Win No Fee Agreement?
- More Information On Making A PTSD Claim
Guidance On Making A PTSD Claim
In order to make a successful PTSD claim, you must be able to prove that:
- Someone owed you a duty of care
- They breached the duty of care they owed you
- You sustained physical or psychological harm as a result.
There are various scenarios in which you may be owed a duty of care. For instance:
- In the workplace: The Health and Safety at Work etc. Act 1974 states that every employer owes their employees a duty of care. If an employer were to breach their duty of care to you, this could result in an accident at work that sees you becoming harmed. For example, your employer may have failed to carry out regular maintenance checks on machinery. As a result, the machine may have malfunctioned causing you to experience a severe crushed hand injury leading to amputation. This could result in you suffering from PTSD due to a serious factory accident and life-changing injury.
- On the road: The Highway Code and the Road Traffic Act 1988 lay out the rules and obligations expected of road users when navigating the road. If another road user fails to uphold their responsibilities, they could cause a road traffic accident such as a car accident resulting in serious injuries. For example, a drunk driver is speeding down the wrong side of the road. They collide head-on into your car as you were driving home. You suffer from a neck injury, and the life-threatening situation causes you to develop PTSD.
To make a successful PTSD claim, you must prove that a third party breached their duty of care to you and caused you harm. Call us for more information.
Calculating Compensation For A Trauma Claim
If you are making a PTSD claim, your settlement may consist of general damages and special damages.
General damages seek to provide compensation for the physical and mental suffering that you have experienced due to your injury. You may have suffered a physical injury that later resulted in PTSD, or you may only suffer from the trauma of your accident. Either way, you can still make a claim.
We have inserted a table of compensation figures based on the 16th edition of the Judicial College Guidelines (JCG). The JCG is often used by personal injury lawyers to help them value the general damages portion of claims as it provides compensation brackets for various injuries. Please only use these figures as a guideline because the amount you could receive in compensation will depend on your specific case.
| Injury | Notes | Amount |
|---|---|---|
| PTSD | (a) Severe- Permanent psychological effects, which will prevent the person from working or functioning like they did pre-trauma. | £59,860 - £100,670 |
| PTSD | (b) Moderately Severe - A better prognosis and the person will experience some recovery with professional help. | £23,150 - £59,860 |
| PTSD | (c) Moderate - The person will have largely recovered, and any continuing effects will not majorly affect them. | £8,180 - £23,150 |
| PTSD | (d) Less Severe - The person will experience a mostly complete recovery within one to two years. Only minor symptoms will persist after this time. | £3,950 - £8,180 |
| Tetraplegia | Factors such as awareness of disability and life expectancy will be considered. | £324,600 - £403,990 |
| Paraplegia | (b) Factors such as the presence of pain, independence levels and the psychological impact will be considered. | £219,070 - £284,260 |
| Brain Damage | (a) Very severe - Cases in this bracket include those involving quadriplegic cerebral palsy that cause severe cognitive and physical disabilities. | £282,010 - £403,990 |
| Arm Amputation | (a) Where both arms are lost. | £240,790 - £300,000 |
| Leg Amputation | (a) (i) Where both legs are lost. | £240,790 - £282,010 |
| Leg Amputation | (a) (ii) Where both legs are amputated below the knees. | £201,490 - £270,100 |
Additionally, you could claim special damages. Special damages seek to compensate for any financial losses you’ve suffered due to your injury. This can include travel expenses, lost wages, and paying for a private carer. You must always keep a record of these finances to claim them back successfully.
For more information regarding personal injury claims, speak with our advisors.
What Is PTSD?
According to the NHS, PTSD is a type of anxiety disorder which is caused by events that are very distressing, frightening or stressful. The symptoms of the condition can include:
- Nightmares
- Flashbacks
- Feeling isolated, irritable or guilty
- Problems with sleeping
- Difficulty concentrating
In some cases, the symptoms can cause a huge impact on the person’s daily activities and life.
Some situations that can lead to PTSD can include:
- Serious road traffic accidents.
- Experiences with childbirth.
- Serious health problems.
- Violent assaults e.g. sexual assaults or robbery.
If you have been diagnosed with PTSD following an accident caused by someone else’s negligence, get in touch. Our team can discuss whether you’re eligible to make a PTSD claim.
What Evidence Could I Gather To Support My PTSD Claim?
In the aftermath of your injury, you can take additional steps to help you when making a PTSD claim. For example, you could:
- Seek medical attention – After an accident, it’s important that you seek medical treatment. At a later date, you can request a copy of your medical record or a diagnostics letter to use as evidence that you were diagnosed with PTSD.
- Gather evidence – Any evidence relevant to your claim can be beneficial in proving negligence occurred. This can include CCTV footage, witness contact details, and photographs of the accident.
- Fill out an accident report book – If your accident happened at work, filling out the accident report book can help you in your claim. It provides crucial details such as the date and notes about the accident.
- Get legal advice – Following an accident, you may want to receive legal advice about what to do next. Our advisors can help you with any questions about making a PTSD claim. They may also be able to connect you with an experienced No Win No Fee solicitor from our panel.
What Is A No Win No Fee Agreement?
A No Win No Fee arrangement is a way to fund legal representation. There are different types of arrangements, such as a Conditional Fee Agreement (CFA). The solicitors on our panel can represent your PTSD claim under a CFA if it’s valid and has a chance of success. As such, you won’t pay:
- An upfront fee for your solicitor’s services
- Ongoing fees while your claim proceeds
- Fees for your solicitor’s services if your claim fails
If your claim succeeds, you will pay a success fee from your compensation. This fee is legally capped and outlined in the CFA you sign with your solicitor before your claim starts.
Get Advice On Making A PTSD Claim
If, after finishing this guide, you still have any questions regarding your PTSD claim, you can contact our advisors. Our team is here to help you with free legal advice 24 hours a day, 7 days a week.
To get in touch, you can:
- Call us on the number at the top of this page.
- Complete our online contact form.
- Use our live chat feature to speak with an advisor now.
More Information On Making A PTSD Claim
Please find below some additional resources.
- If you have suffered PTSD due to a criminal attack, such as domestic violence, you can read about how the Criminal Injuries Compensation Authority (the CICA), could potentially help with providing compensation under such circumstances.
- Construction accident solicitors
- Compensation claims against the council for personal injury
- Which Claims Fall Under Personal Injury?
- What Are No Win No Fee Agreements In Personal Injury Law?
- What Evidence Is Needed For A Personal Injury Claim?
- What Determines The Best No Win No Fee Solicitors?
- Slips, Trips and Falls Compensation Claims
- Find Personal Injury Solicitors Near You
- Compensation Amounts For A Broken Leg Claim
- How Much Is A Head Injury Claim Worth?
- How To Claim Under The Fatal Accidents Act 1976
- How To Successfully Claim Compensation For A Nose Injury
- What Is The Personal Injury Claims Time Limit?
- Shoulder Injury Claims Explained
- What Are The Payouts For Arm Injury Claims?
- How To Make A Hand Injury Claim
- Slipping On A Wet Floor Compensation Claims
- A Guide To Making Eye Injury Claims
- Mind: Types of mental health problems
- NHS: Mental health.
- GOV: Statutory Sick Pay (SSP)
Thank you for reading this guide on how to make a PTSD claim. If you have any additional questions, please get in touch on the number at the top of the page.
Editor Meg McDonald
Writer Megan Rush