Can I Claim For Anxiety After A Car Accident?

If you are asking yourself, ‘Can I claim for anxiety after a car accident?’ then you may find this guide beneficial. If you have recently been involved in a car accident and have suffered physical or mental injuries due to another road users negligence, you may be able to seek compensation.

Throughout this guide, we will discuss how to make a claim following a road traffic accident. Additionally, we will share some compensation figures for various injuries and explore how settlements are calculated.

Furthermore, we will look at how our panel of solicitors may be able to offer their services under a No Win No Fee agreement.

For further advice regarding your specific claim, why not speak to a member of our team? Our advisors can offer free legal advice regarding your potential claim 24 hours a day. To get in touch:

can I claim for anxiety after a car accident?

Can I claim for anxiety after a car accident?

Choose A Section

  1. Can I Claim For Anxiety After A Car Accident?
  2. Calculating Compensation For Anxiety
  3. Explaining Anxiety After A Car Accident
  4. What Does The Anxiety Claims Process Involve?
  5. Could I Use A No Win No Fee Solicitor?
  6. More Information On Making A Claim For Anxiety After A Car Accident

Can I Claim For Anxiety After A Car Accident?

A road traffic accident is can involve multiple road users or one road user and a stationary object. For example, a car accident can involve a driver, pedestrian, motor cyclist, pedal cyclist or a stationary vehicle.

In certain car accidents, another road user could be fully responsible. For example, you were following the rules of the road, but they were texting whilst driving and crashed into the back of your car. 

Alternatively, you may have been partially responsible for the accident. For example, you were both texting whilst driving and crashed head-on into each other at a junction. This would be known as split liability. However, you may have also been partially responsible for your injuries caused in an accident; for example, you did not wear your seatbelt. This is known as contributory negligence. 

To make a claim following a car accident, you must prove that another driver was solely or partially responsible for the accident and, as a result, you suffered an injury. This could be both physical and mental injuries, such as anxiety.

For more guidance regarding your specific claim, or if you are still wondering, ‘Can I claim for anxiety after a car accident?’ speak with our team of advisors today. 

Calculating Compensation For Anxiety

If you pursue a claim following a car accident, you may receive special and general damages within your settlement.

Special damages seek to provide you with compensation for any financial losses that have accrued or will accrue as a direct result of your injury. For example, you need to take time off work, so you miss out on wages. This financial loss may be compensated via special damages within your settlement, as long as you can provide sufficient evidence to prove the monetary loss, such as payslips.

General damages seek to provide you with compensation for how your quality of life was affected due to your physical and mental injuries. This head of claim takes into consideration your pain and suffering as well as the impact your injuries may continue to have on your quality of life in the future.

Solicitors can use medical evidence to help them value the general damages head of claim alongside a resource called the Judicial College Guidelines (JCG). The JCG provides compensation brackets for various injuries. We have included some figures from the JCG in the table below. However, the amount you receive will depend on the specific factors to your case. As such, please only use the following table as a guide.

InjuryNotesAmount
Neck Injury(a) Severe (ii) - Discs in the cervical spine have been damaged or fractured. This can result in a substantial loss of neck movement and other issues.£65,740 - £130,930
Psychological Damage(a) Severe - There will be a very poor prognosis for the injured person and several issues affecting different areas of their life.£54,830 - £115,730
Psychological Damage(b) Moderately Severe - Although the person will experience issues that are significant, there will be a better prognosis.£19,070 - £54,830
Psychological Damage(c) Moderate - Whilst there have been problems with relationships and various other issues, improvements will have been made. There will also be a good prognosis.£5,860 - £19,070
Anxiety Disorder(a) Severe - The person will be unable to work and navigate life as they did before the trauma. They will find that all areas of life are negatively impacted.£59,860 - £100,670
Anxiety Disorder(b) Moderately Severe - Difficulties with working and navigating life, but some improvements will have been made will help from a medical professional.£23,150 - £59,860
Anxiety Disorder(c) Moderate - The person will have largely recovered with some ongoing effects. However, the ongoing issues won't be majorly disabling.£8,180 - £23,150
Back Injuries(c) Minor (i) - A less serious strain, sprain or fracture in the back. A full recovery should take place within two to five years without surgery. It can also include a recovery to nuisance level.£7,890 - £12,510
Leg Injuries(b) Severe (iii) - Injuries in this bracket include serious fractures or joint injuries that will need prolonged treatment and arthritis may develop.£39,200 - £54,830
Shoulder Injuries(b) Serious - The shoulder has become dislocated, which results in sensory issues in the forearm and hand and leads to restricted movement as well as other issues.£12,770 - £19,200

Will The Whiplash Reform Programme Affect My Car Accident Claim?

It is important to note that from the 31st of May 2021, if you are a passenger or driver of a vehicle over the age of 18 that has sustained an injury valued at £5,000 or less, you must now claim via the government’s online portal.

This is due to the introduction of the Whiplash Reform Programme, and these particular injuries are valued in line with the amounts listed in the Whiplash Injury Regulations 2021.

You can speak with an advisor if you’re unsure which avenue to take when seeking compensation.

Explaining Anxiety After A Car Accident

The Road Traffic Act 1988 sets out the duty of care road users owe one another. In addition, there are guidelines and rules set out in the Highway Code that apply to different road users. 

If another road user failed to follow the rules of the road, this could cause an accident that sees you becoming harmed. Some examples of how you could be injured both physically and mentally in a car accident include:

  • Another driver tries to overtake a lorry by driving onto the wrong side of the road without checking it was clear to do so. They did not notice until the last second that you were driving on that side of the road. They then crash into you head-on. You suffer a serious back injury and neck injury and have anxiety about driving in the future.
  • A taxi driver pulls an illegal move at a roundabout, which results in them crashing into the side of your car. You then suffer an arm injury and a broken leg. In addition, the trauma of the accident causes you mental harm.

If you are thinking, ‘Can I claim for anxiety after a car accident?’ our team of advisors can help you with your claim. Speak with them today for more information.

What Does The Anxiety Claims Process Involve?

Following a road traffic accident, there are certain steps you can take to help support your claim. These include:

  1. Gather evidence about the accident. Any CCTV footage, dashcam footage or photographs of the accident as well as the contact details of any witnesses can be used as evidence of the accident taking place.
  2. Gather evidence that you suffered harm as a result of the accident. Following a car accident, it’s important that you get any injuries treated by a medical professional. Requesting a copy of your medical file could help you with your claim. This is because it will show any treatment and diagnosis you received for the harm you sustained.
  3. Seek legal advice. If you are wondering, ‘Can I claim for anxiety after a car accident?’ our advisors can help. They can offer you free legal advice regarding your potential claim. They may also be able to assign a solicitor from our panel to begin working on your case, provided it’s valid and has a chance of succeeding.

For more information on how a solicitor from our panel could help, see the section below.

Could I Use A No Win No Fee Solicitor?

A Conditional Fee Agreement, which is a type of No Win No Fee agreement, allows you to pursue legal action with legal representation without paying an upfront fee for your solicitor’s services. The arrangement between you and your solicitor, generally means you don’t have to pay for their services if your claim fails.

If your claim succeeds, a small percentage of your compensation will be taken. This is known as a success fee, and the amount that can be taken is legally capped.

The solicitors on our panel offer their services under No Win No Fee terms. For more information, get in touch using the details below.

Ask Us “Can I Claim For Anxiety After A Car Accident?”

If you are still wondering, ‘Can I claim for anxiety after a car accident?’ you can speak to one of our friendly advisors today. Our advisors can provide you with free legal advice regarding your claim. To get in touch:

More Information On Making A Claim For Anxiety After A Car Accident?

For more of our guides:

If you’re looking for more information:

If you’re still thinking, ‘Can I claim for anxiety after a car accident’, you can speak to one of our advisors for further guidance.

Writer Megan Rush

Editor Meg McDonald