By Harry Jameson. Last Updated 26th June 2024. 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 An Accident At Work?
- Can You Make A Psychological Injury Claim Due To A Road Traffic Accident?
- Can You Make A Psychological Injury Claim Due To An Accident In A Public Place?
- 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?
Psychological injury compensation is calculated in much the same way as compensation for physical injuries. The two heads of loss, general damages ( for your pain and suffering) and special damages (for your monetary losses) still apply when dealing with psychiatric harm.
We’ll discuss special damages below, but when calculating a potential general damages figure for your psychological damage compensation, the legal team responsible for this can refer to the Judicial College Guidelines (JCG), alongside your medical evidence.
The JCG publication contains guideline compensation brackets for a range of different injuries. We have included the psychological harm brackets in the table here.
Compensation Table
Please be advised that the first entry was not taken from the JCG and that the information provided here is for guidance purposes only.
INJURY SEVERITY COMPENSATION NOTES
Multiple Serious Injuries And Financial Losses Very Severe Up to £300,000+ 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.
Psychiatric Damage Generally Severe £66,920 to £141,240 A very poor prognosis with severe issues coping with daily life.
Moderately Severe £23,270 to £66,920 The person will still suffer with serious issues but there is a more optimistic prognosis than severe cases.
Moderate £7,150 to £23,270 A good prognosis with significant improvements made.
Less Severe £1,880 to £7,150 How much sleep and daily activities were impacted will affect the compensation awarded.
Post-Traumatic Stress Disorder Severe £73,050 to £122,850 Permanent issues will prevent the person from functioning as they did pre-trauma.
Moderately Severe £28,250 to £73,050 There is a better prognosis than severe cases with room for some recovery with professional help.
Moderate £9,980 to £28,250 A large recovery will have been made and any persisting effects will not be majorly disabling.
Less Severe £4,820 to £9,980 A virtually complete recovery will have been made within 1 to 2 years.
Special Damages
You may also receive compensation for financial losses associated with the harm you sustained. Special damages can be awarded for immediate as well as future losses so it is very often the case that compensation received under special damages will be higher than that for general damages.
Examples of costs you could be reimbursed for include:
- Lost earnings.
- Medical bills.
- Care costs.
- Transport expenses.
You will need to provide some supporting evidence for these losses so be sure to retain copies of your payslips, prescription letters, care invoices and any other documents that show you incurred these costs as a result of your injuries.
Since every claim is different and assessed individually, we cannot guarantee any mental health compensation payout here. For a free assessment of your eligibility to claim or a more detailed idea of how much compensation for psychological damage you could receive, talk to our team today.
Can You Make A Psychological Injury Claim Due To An Accident 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.
Can You Make A Psychological Injury Claim Due To A Road Traffic Accident?
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.
Can You Make A Psychological Injury Claim Due To An Accident In A Public Place?
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.
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.