This comprehensive guide discusses how to make a psychological injury claim. We cover eligibility and compensation for mental harm in data breach, medical negligence and personal injury claims.
It can be easy to focus on physical injuries caused by negligent actions, or the financial impact of a data breach. However, psychological trauma can seriously affect someone’s quality of life and can also have significant physical symptoms. You may be able to claim compensation for conditions such as stress, anxiety, depression or Post-Traumatic Stress Disorder (PTSD).
Read on to learn how payouts are calculated and see guideline examples that indicate what you could potentially receive. Additionally, we also discuss how a solicitor from our panel of experts could help you get the best possible settlement with all the benefits of working with them on a No Win No Fee basis.
Furthermore, you can speak confidentially to an advisor today and get free guidance on making a claim. To make the most of this 24/7 service, either:
- Call our free helpline on 020 8050 2736
- Contact us online and see can arrange a callback.
- Drop us a message using our live support feature.
Choose A Section
- How Are Psychological Injuries In Personal Injury Claims Calculated?
- Can You Make A Psychological Injury Claim Due To Medical Negligence?
- How Much Psychological Injury Compensation From A Data Breach Claim?
- Why Make A Psychological Injury Claim On A No Win No Fee Basis?
- Read More About Compensation Claims For A Psychological Injury
How Are Psychological Injuries In Personal Injury Claims Calculated?
You can seek compensation for the psychological impact of an accident at work, on the road or in a public place if you can show it happened as a direct result of a third party breaching the legal duty of care they owed you. We will take a closer look at what this means in the upcoming sub-sections.
It is entirely possible to claim personal injury compensation for psychological harm alone, in the same way that you can claim for physical injuries. You can also claim for both types of injuries within a singular personal injury claim.
Whether you claim for psychological injury only, or for both, the payout will feature general damages if your claim is a success. This aims to address the physical harm and emotional distress caused by the injuries suffered in an accident.
In some cases, you may also receive special damages as part of your settlement. This accounts for the financial losses incurred due to injuries or mental health problems. For example, if you lose out on work earnings you could be compensated for these losses under special damages.
While special damages are largely calculated by using documents such as bank statements, those calculating compensation under the general damages head of loss could use different sources.
Firstly, they may refer to any medical evidence you have submitted regarding the physical or psychological injuries you have suffered. Additionally, the Judicial College Guidelines (JCG) may also be referred to. This document provides guideline compensation brackets for various injuries.
Accidents At Work
When seeking psychological injury compensation, it is important to consider where you were and what you were doing when the accident occurred. This will determine who, if anyone, owed you a duty of care at the time.
Your employer owes you this duty of care when you’re working. In line with Section 2 of the Health and Safety at Work etc. Act 1974, an employer must take reasonably practicable steps to ensure employee health and safety at work.
A workplace accident can be a traumatic event that causes severe psychological issues. For example, an employee could suffer a life-changing physical injury in a construction accident, such as having their arm amputated due to malfunctioning machinery. They could also develop depression as a result of this.
If this incident happened because an employer failed to uphold their duty of care, the affected employee could make a psychological injury compensation claim.
You can learn how a personal injury solicitor could help you make an accident at work claim by calling the number at the top of this page.
Workplace Accident Compensation Table
This table provides just a few examples of JCG guideline figures for physical and psychological injuries. However, the top entry is not from the JCG.
| INJURY | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Serious Injuries And Financial Losses | Very Severe | Up to £1,000,000+ | A workplace injury settlement that accounts for numerous injuries or mental illnesses on top of financial expenses like a loss of earnings or travel costs. |
| Paralysis | Tetraplegia | £324,600 to £403,990 | Paralysis affecting both the upper and lower body. Factors affecting the award include pain, full awareness of the disability and life expectancy. |
| Injuries Affecting the Senses | Total Blindness | In the region of £268,720 | The total loss of sight in both eyes. |
| Head | Moderate (i) | £150,110 to £219,070 | A change in personality and a moderate to severe intellectual deficit are among the factors of cases deemed moderate. |
| Back | Severe (i) | £91,090 to £160,980 | Features the most severe injuries, with nerve root and spinal cord damage involved. The consequences are serious and not normal for back injury cases. |
| Hand | Total or Effective Loss of One Hand | £96,160 to £109,650 | The hand is crushed and then surgically amputated, or the fingers and most of the palm are traumatically amputated. |
| Chest | Traumatic Injury | £65,740 to £100,670 | Traumatic chest, lung(s) and/or heart injuries that cause permanent damage, physical disability, impaired function and reduced life expectancy. |
| Post-Traumatic Stress Disorder | Severe | £59,860 to £100,670 | The affected person will be unable to work at all, or at least cannot function at anything like their pre-trauma levels. |
| Psychological Harm | Moderate | £5,860 to £19,070 | Cases of work-related stress can fall into this bracket if the symptoms are not prolonged. |
Road Traffic Accidents
Road users owe each other a duty of care. This means that, if you are using the road, you must travel in a way that minimises the risk of harm to yourself and others. The Road Traffic Act 1988 and the Highway Code set out road users’ responsibilities, many of which are legal requirements.
A serious traffic collision could inflict severe psychiatric damage. For instance, someone may suffer from panic attacks after being involved in a head-on collision with a drunk driver. They may be able to claim for anxiety caused by the car accident.
If a road user breaches their duty of care and you suffer a physical or psychological injury as a result of this, you may be able to claim compensation.
To see whether you may be eligible to make a road traffic accident claim, you can contact a member of our advisory team.
RTA Compensation Table
This table, except for the top entry, displays guideline brackets for various injuries associated with a road traffic accident taken from the JCG. The bottom two entries are fixed whiplash compensation figures taken from the tariff listed within The Whiplash Injury Regulations 2021, as these figures may apply to certain road traffic accident claims. You can contact our advisors to learn whether these fixed tariff amounts may apply to your claim.
| INJURY | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Serious Injuries And Additional Expenses | Serious | Up to £1,000,000+ | A road traffic accident payout that covers more than one serious injury, as well as financial losses like prescription charges or rehabilitation costs. |
| Paralysis | Paraplegia | £219,070 to £284,260 | Paralysis of the lower body. The award is affected by, among other things, the extent of depression evident in the affected person. |
| Head | Moderately Severe | £219,070 to £282,010 | There is serious disability and a substantial dependence on others. Disabilities can be cognitive, as well as physical. |
| Moderate (i) | £150,110 to £219,070 | Senses, sight and speech are all impacted. The affected person has no chance of employment. | |
| Neck | Severe (i) | In the region of £148,330 | For example, the injured person has little or no movement in the neck and suffers severe headaches despite permanent use of a collar. |
| Severe Leg Injuries | The Most Serious Injuries Short of Amputation | £96,250 to £135,920 | Injuries where there is no amputation but the courts have awarded damages at a similar level. |
| Psychological Damage | Severe | £54,830 to £115,730 | Due to marked issues dealing with factors like relationships and coping with life, education and work, the prognosis is very poor. |
| Post-Trauma Stress | Moderately Severe | £23,150 to £59,860 | There is a prognosis for some recovery with professional help. However, there will still be significant disability going forward. |
| Whiplash | One Or More Whiplash Injuries Plus One Or More Minor Psychological Injuries | £4,345 | The injured person is affected for more than 18 months, but not more than two years. |
| £3,100 | Effects last for more than 15 months, but not more than 18 months. |
Public Liability Claims
Supermarkets, public parks, schools and some roads are all examples of public places. Whoever manages each place is the occupier, and they must adhere to their duty of care, as set out under the Occupiers’ Liability Act 1957. They must do everything in their power to keep visitors reasonably safe while on the premises.
Doing so includes regularly checking the premises and removing any unnecessary hazards. If an occupier does not take necessary health and safety precautions, they could be held liable for a public place accident.
As an example of a potential public liability claim, a commuter hits their head when slipping on a wet floor that was not cleaned up or signposted by train station staff even though they were aware of a spillage. The injured person then seeks compensation for a brain injury that led to psychiatric illness.
Our panel of personal injury solicitors are experienced in handling claims of this nature. If you have any questions about making a public liability claim, just call or speak to us online.
Public Place Accident Compensation Table
Aside from the top entry, this table shows guideline compensation brackets for injuries taken from the JCG that may apply to personal injury claims for an accident in public.
| INJURY | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Serious Injuries Plus Expenses | Severe | Up to £1,000,000+ | Public liability compensation addressing numerous forms of severe harm. It also accounts for out of pocket expenses like domestic care fees and the cost of required personal aids. |
| Head | Moderately Severe | £219,070 to £282,010 | The affected person is very seriously disabled. Among the factors contributing to the award are the extent of behavioural issues and the level of dependence on others. |
| Moderate (ii) | £90,720 to £150,110 | Cases with a deficit in intellect judged to be moderate to modest. The ability to work is either removed or greatly reduced. | |
| Psychiatric Damage Generally | Severe | £54,830 to £115,730 | Factors involved in working out the award include the injured person's issues dealing with life and handling relationships, as well as the extent of treatment success and future vulnerability. In severe cases, the prognosis is very poor. |
| Moderate | £5,860 to £19,070 | There may have been problems with various factors like in severe cases, but the affected person has a good prognosis and has largely recovered. | |
| Foot | Very Severe | £83,960 to £109,650 | Injuries that cause severe and permanent pain or really serious and permanent disability. |
| Ankle | Very Severe | £50,060 to £69,700 | An unusual and limited set of injuries. For example, a transmalleolar fracture with extensive soft tissue damage, leading to deformity. |
| Wrist | Complete Loss of Function | £47,620 to £59,860 | Injuries causing a total loss of function. For example, an arthrodesis has to be carried out. |
| Shoulder | Severe | £19,200 to £48,030 | Such injuries are regularly associated with neck injuries and involve brachial plexus damage. They result in significant disability. |
| Facial Injuries | Fractures of Jaws (i) | £30,490 to £45,540 | Multiple very severe fractures that lead to prolonged treatment and permanent consequences, including severe pain. |
Can You Make A Psychological Injury Claim Due To Medical Negligence?
Whether you’re in a hospital, care home or GP surgery, you are under the care of at least one medical professional. They must provide medical treatment to the correct level and follow the relevant professional standards. This is their duty of care.
A medical negligence claim could be made if a healthcare professional breaches their duty of care, leading to you suffering avoidable physical or psychiatric harm.
For example, if a GP wrongly prescribed you medication you were allergic to, and they were aware of this allergy, not only could you suffer an allergic reaction, but you may also suffer from stress and anxiety.
To make a medical negligence claim, you must demonstrate that you suffered unnecessary harm due to a medical professional failing to adhere to their duty of care.
You can learn more about making a medical negligence-related psychological injury claim by calling our helpline and talking to one of our helpful advisors.
Medical Negligence Compensation Table
Apart from the top line, the table comprises JCG figures for physical and psychological injuries that negligent medical care could cause.
| INJURY | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Serious Injuries Or Illnesses Plus Financial Damage | Very Serious | Up to £1,000,000+ | Compensation addressing psychological or physical harm, plus monetary losses like medical bills or childcare fees. |
| Kidney | Loss of Both Kidneys | £169,400 to £210,400 | If not the loss of kidneys, then serious damage to both. |
| Bowels | Cases Involving Double Incontinence | Up to £184,200 | Double incontinence refers to the total loss of natural bowel function, plus lost urinary function. They are joined by further medical complications. |
| Chest | Total Removal Of One Lung | £100,670 to £150,110 | The bracket also includes serious heart damage. In any case, the injured person experiences serious and prolonged pain and suffering. |
| Amputation of Arms | Loss of One Arm (i) | Not less than £137,160 | The loss of one arm, which is amputated at the shoulder. |
| Leg Amputation | Above-Knee Amputation of One Leg | £104,830 to £137,470 | Factors affecting the level of award include the extent of associated psychological problems and the severity of phantom pains. |
| Lung Disease | For A Young Person With A Serious Disability | £100,670 to £135,920 | Progressive worsening, leading to death, is possible. The award may be enhanced in some cases if a classifiable psychiatric illness is present. |
| Brain | Moderate (iii) | £43,060 to £90,720 | Concentration and memory are impacted, while there is a reduction in the ability to work. |
| Psychiatric Damage Generally | Moderately Severe | £19,070 to £54,830 | There are significant issues linked to factors like the injured person's relationship with others. Examples include psychiatric injury after a negligent stillbirth. |
| Moderate | £5,860 to £19,070 | The injured person will suffer moderate symptoms. A compensation award factors in the length of disability and how daily activities are affected. |
How Much Psychological Injury Compensation From A Data Breach Claim?
Personal data is information that can be used, directly or alongside another piece of information, to identify you. Your name, email address and credit card details are all examples of personal data.
The UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018 (DPA) form data protection laws, which all data controllers and processors must adhere to them. Data controllers decide how and why your data is being processed. Data processors process data on behalf of a data controller.
A data breach is a security incident where the confidentiality, integrity or availability of personal data is affected.
You can make a personal data breach claim if:
- A data controller or processor failed to follow data protection law.
- This lead to your personal data being involved in a breach.
- This breach caused you to suffer psychological and/or financial harm.
Data breaches can lead to mental health issues. Someone affected by personal information being compromised could suffer from an anxiety disorder or PTSD.
If you suffered psychological trauma because of a personal data breach and meet the eligibility criteria noted above, you could seek compensation. Non-material damage accounts for psychological damage resulting from the data breach, while material damage reflects financial loss, such as missing out on earnings or paying to move home.
Non-Material Damage Table
JCG guideline compensation amounts for different psychiatric and psychological injuries can be found in this table. As is the case in the other tables, the top entry is not from the JCG.
| MENTAL INJURY | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Mental Injuries Plus Financial Losses | Very Severe | Up to £1,000,000+ | Mental health compensation under non-material damage, plus material damage - for example, counselling fees or the costs associated with an enforced home move. |
| Psychiatric Damage In General | Severe | £54,830 to £115,730 | The prognosis is very poor. Contributing factors include this prognosis and the ability to cope with life, education and work. The affected person has marked problems. |
| Moderately Severe | £19,070 to £54,830 | As in severe cases, there are significant problems linked to multiple factors, which also includes future vulnerability. However, the prognosis is more optimistic. | |
| Moderate | £5,860 to £19,070 | There is a marked improvement, despite problems with factors including relationships with friends, family and other contacts. | |
| Less Severe | £1,540 to £5,860 | Various factors are taken into consideration, such as how much sleep and other daily activities were impacted. | |
| PTSD | Severe | £59,860 to £100,670 | All aspects of life are badly affected. The effects are permanent and prevent the person from functioning at pre-trauma levels. |
| Moderately Severe | £23,150 to £59,860 | Despite a better prognosis than in severe cases, the effects still cause significant disability for the foreseeable future. | |
| Moderate | £8,180 to £23,150 | Ongoing effects are not grossly disabling and a recovery is largely completed. | |
| Less Severe | £3,950 to £8,180 | A virtually full recovery will be made within 1 to 2 years, save for potential minor symptoms. |
Why Make A Psychological Injury Claim On A No Win No Fee Basis?
Our panel of solicitors have years of combined experience in handling compensation claims for psychological injuries. If you have a valid case, a No Win No Fee solicitor from our panel could help you with making a psychological injury claim.
Our panel of solicitors generally offer to represent their clients under a Conditional Fee Agreement, which means that they do not charge you a fee for their services before or during your claim. Additionally, if your case isn’t successful, you do not pay for their work at all.
Your solicitor will take a percentage of your compensation as a success fee if the claim is a success. The law limits the percentage that can be taken as this fee.
Talk to our advisors today to discuss psychological injury compensation claims and the benefits of working with a solicitor on a No Win No Fee basis. Whether you have a question or want to learn if you can claim for psychological injury, they have you covered. Furthermore, the service is completely free. You could be connected to an expert solicitor right away if you have grounds to claim.
All you need to do is choose any of these 24-hour contact options:
- Call 020 8050 2736
- Use our ‘Contact Us’ web form.
- Talk to an advisor through the live chat feature below.
Read More About Compensation Claims For A Psychological Injury
See more from our collection of guides below:
- You can also claim for psychological harm caused by a violent crime. Learn more about Criminal Injuries Compensation Authority (CICA) payouts for criminal injuries in our guide.
- Learn about the time limit for a personal injury claim through this limitation period guide.
- More information about making a psychological injury at work compensation claim.
Additional resources you may find useful:
- Information on Statutory Sick Pay from GOV.UK.
- The NHS main page for mental health support and services.
- Guidance on anxiety and panic attacks from the mental health charity Mind.
Additionally, if you need any further guidance on how to make a psychological injury claim, you can contact our friendly team of advisors.