We can help you claim for the psychological effects of an accident
If you witness an accident or are involved in one, the effects on your mental health can be very distressing. Psychological damage can be just as serious as physical injuries and is often even more deep and long-lasting.
Mental health conditions after an accident can stop you in your tracks. You may be unable to carry on with your day-to-day life, which can affect your family, career and finances.
But a mental health compensation payout could help you get back on track. A successful mental health personal injury claim can help you focus on your recovery without having to worry about the costs.
Our mental health negligence lawyers are here to help you get the compensation you deserve; simply call us for a no-obligation chat on or request a call back to find out whether you may be eligible for compensation.
Could you make a personal injury claim for psychological damage?
There are two main ways that you may be awarded mental health compensation for the psychological effects of an accident:
- You may make a compensation claim for psychological injury as well as for any physical injuries.
- Or your claim may be for a psychological condition caused by an accident, even if you weren't physically injured.
In most cases, your accident must have happened in the last three years and been somebody else's fault for you to be able to make a claim.
Claiming on a no win no fee basis brings you no financial risk.
There are no upfront charges and all the costs of your mental health negligence solicitors are covered throughout your case. If you win, your contribution to these costs is simply funded from your compensation.
Perhaps best of all, you pay nothing at all should your case be unsuccessful - as long as you comply with the agreement between you and your mental health negligence solicitor. You'll also need to have the appropriate insurance in place, but your psychiatric injury solicitor can arrange this for you.
You can also claim on behalf of someone else, for example if a medical or mental health condition means they can't claim themselves.
If you have any questions or feel you might have a claim, contact us for free on . We'll listen to what you've been through and let you know if we think you could make a claim. If you're eligible, we'll match you with specialist psychological injury lawyers who can support you through the claims process.
What is a psychological injury?
What is a psychological injury?
Being upset for just a short period after an accident would not normally enable you to make a psychiatric injury claim. To have a legitimate claim, you will need to feel emotional distress for some time after the accident. This is quite common for people involved in a traumatic event.
This distress could involve anxiety, depression, post-traumatic stress disorder (PTSD) or another psychological condition. It also needs to have resulted from an accident that occured due to someone else's negligence to enable you to claim.
Did you know?
A study published by BMJ Journals confirmed that mental health issues after an accident can last way beyond any physical injuries. In the study, psychiatric disorder was identified in 47% of people six weeks after their accident, and dropped only slightly to 43% after six months.
What accidents can cause a psychological injury?
What accidents can cause a psychological injury?
Injuries and distress leading to psychological trauma claims can be caused by almost any kind of accident:
- It's no surprise that many people suffer psychological damage after a car accident. The Department of Transport reported 137,013 casualties of all severities from road accidents in 2022. The sudden nature of car accidents often contributes to the impact on the mental health of those involved
- Many workplace injuries happen when employers or managers fail to follow health and safety rules. Long-term psychological symptoms can follow workplace accidents such falls from height, being struck by objects, machinery accidents and chemical injuries.
- Slip, trip or fall accidents: When physical injuries after a slip, trip or fall also leave psychological scars, our injury lawyers can help put things right with a compensation claim.
- Military accidents: Military personnel may be able to claim for psychological conditions if they are involved in an accident while employed by the MOD.
- Serious or life-changing injuries.: Compensation claims for psychological injury are often possible when somebody else's negligence causes a serious accident.
If you've been in or witnessed an accident and are suffering mentally as a result, call us today for free, impartial advice on or fill in our online form. If we think you could make a psychological trauma claim and get compensation, we'll connect you with one of our expert solicitors for further advice and claims support.
Can I claim compensation for psychological injury as a primary or secondary victim?
You're able to make a compensation claim for psychological injury whether you were a ‘primary' or ‘secondary' victim of an accident:
‘Primary victim'
You're the primary victim of an accident if you were actually involved. For example, if you were the driver or passenger in a car accident caused by someone's negligence, you're a primary victim. We could likely help you make a mental health compensation claim if the accident had a lasting emotional impact.
‘Secondary victim'
Secondary victims are people who witnessed an accident that was someone else's fault or saw its immediate aftermath. You are more likely to receive mental health compensation as a secondary victim if the person injured is a close friend or family member.
Mental disorders from medical negligence
Mental disorders can also develop following a mistake by healthcare professionals. This may be classed as medical negligence. Mental health negligence claims can be made in such instances. This is a situation where the doctor or hospital does not act to a standard that you as a patient could reasonably expect from them.
Compensation for mental health may be awarded when life-changing injuries lead to psychological damage. In other cases, the physical effects might be temporary, but the psychological impact can still be long-lasting. For example, someone who was awake during surgery despite being given an anaesthetic may suffer mentally for years, despite having no physical symptoms at all.
Medical negligence mental health claims may also be possible when a psychological condition is misdiagnosed or missed altogether. This can lead to the condition going untreated and getting worse, and so a mental health negligence claim could be successful.
When a psychological injury follows medical negligence, mental health claims can help to fund much-needed private treatment. Please call us free on [medtel] and we'll let you know whether you could make a mental health negligence claim with our lawyers . If we think you're eligible for compensation, we'll connect you with specialist mental health negligence solicitors for further advice and claims support.
Types and symptoms of psychological illnesses
Accidents or medical negligence events can cause several psychological illnesses. All of these can have a damaging effect on your life:
Post-traumatic stress disorder (PTSD)
When symptoms such as flashbacks, nightmares and trouble sleeping continue beyond a month or so, they might be classified as PTSD. People who suffer from PTSD often avoid places or people who remind them of the accident. The NHS estimate that PTSD develops in about one in every three people who have a traumatic experience, so PTSD claims are quite common.
Anxiety
Many people suffer from anxiety symptoms after an accident. These include feeling tense or fearful, dizziness, sickness, chest pain and heart palpitations. Doctors writing for patient.info point out that anxiety is normal and even helpful in stressful situations. But it's abnormal when it persists after the stressful situation is over.
Panic attacks
Stressful events can trigger panic attacks, which involve the sudden rush of several symptoms. According to the mental health charity Mind, the symptoms of a panic attacks can include chest pain, a pounding heartbeat, feeling sick or faint, and trembling. Repeated panic attacks could mean you have a panic disorder.
Depression
Reactive depression is a form of depression where symptoms follow a specific event. It can cause you to feel low in mood and energy with little motivation. The mental health charity Mind lists feeling tearful and a lack of self-confidence as other possible symptoms.
Emotional trauma can lead to difficulty getting to sleep or staying asleep. Other symptoms of insomnia include being tired after waking up and feeling irritable. The NHS lists anxiety and depression as common causes of insomnia, both of which can result from being involved in an accident.
Sometimes you may suffer from one or more of these conditions, and then an accident makes your condition much worse. If this happens, you may be able to make a personal injury claim for your mental health, so long as someone else's negligence caused the accident.
We know how unfair it can feel if you're suffering from a mental disorder because of an accident that wasn't your fault. We're here to help you make it right by giving you pressure-free advice, and helping you make a mental health compensation claim if you decide you'd like to go ahead. If you have questions or feel you might have a claim, contact us for free on or request a call back.
How can a mental health compensation payout help me?
When making your case for mental health compensation, your solicitor will consider any impacts on your social life, hobbies and family life. Compensation could help to ease some of these impacts, so that you can focus on recovering and getting your life back on track.
It could for example pay for treatment such as cognitive behavioural therapy (CBT). This is where therapists help you understand your feelings and behaviour. They can also teach you coping skills to help you deal better with problems and difficult situations.
Your compensation claim may include costs of therapy, other private medical treatment and prescriptions. You may also have had to take time off work, so the loss of earnings will also be taken into account.
How compensation helped Amelia
We helped Amelia get compensation to fund treatment after she was involved in a car accident. Amelia's experience and injuries left her feeling depressed and she struggled at work as a nurse, and in her personal life. With our help, she was able to feel more like herself again.
How much compensation can I get for psychological damage in the UK?
How much compensation can I get for psychological damage in the UK?
Talking to a psychological injury lawyer is perhaps the best way to get an idea of possible compensation for a psychological injury.
They will investigate your case fully, because the compensation level will depend on many factors. These include the effect the psychological injury has on your life and relationships, and the extent to which treatment might be successful.
Your mental health compensation payout level would be determined by one or both of these categories:
- General damages cover pain, suffering and ‘loss of amenity', which means the impact on your ability to do things you used to do, such as everyday tasks and hobbies.
- Special damages are the financial losses you've experienced as a direct result of your psychological injury and are in addition to general damages. For example, you may be unable to work and need private medical treatment, and these can both be reflected in mental health compensation payouts.
The Judicial College is the government department in the Ministry of Justice responsible for setting the guideline general damages amounts for all personal injury types. Included are guidelines for psychological and psychiatric injury compensation amounts.
The guidelines show that in the most severe cases where someone has problems with multiple factors such as coping with life, a serious effect on their family life and unlikely improvement through treatment, psychological trauma claims can attract general damages of £54,830 to £115,000.
For cases classed as ‘moderately severe' where someone has experienced multiple problems due to their psychological injury, but is showing improvement and the prognosis is good, the award range is £19,070 to £54,830. 'Moderate cases' where the injured individual has already started to recover and has a good prognosis for recovery may attract damages of £5,860 to £19,070.
PTSD has its own category within the Judicial College guidelines. Award guideline amounts range from £8,180 to £23,150 for cases with a virtually full recovery within two years, right up to £59,860 to £100,670 for severe cases with permanent effects on someone's life.
To find out whether you can make a claim for mental health compensation, contact us for free on or fill in our online form to arrange a call back at a time that suits you. We'll never rush or pressure you into making a claim. We're here to help you understand whether you could make a personal injury claim for psychological damage and to answer any questions.
Mental health compensation claims: FAQs
Can I claim for psychological trauma after a car accident and win get compensation?
Yes, you can.
If you were involved in a car accident that wasn't your fault, you might be seeking compensation for the psychological impact it's had on your life.
Whether you're experiencing mild anxiety, debilitating panic attacks or PTSD, you might be able to claim compensation. To learn more about whether you canould bring a claim after a road traffic accident, call us for free on or make a claim online. You can even do this on behalf of someone else, if they're unable to.
Can I bring a mental health and personal injury claim against my employer?
You might be able to, yes. According to statistics from YouGov, over half of British workers feel stressed at work. So, if you're suffering from stress and anxiety, you're not alone.
However, to be able to bring a successful claim against your employer for mental health as a personal injury, you'll need to prove that:
- You have a recognised psychiatric illness
- Your employer had a duty of care to protect you from harm
- Your psychiatric injury is a direct result of negligence from your employer
If you're not sure whether you can bring a claim against your employer, the best thing to do is call us on . Our team will speak with you to understand more about your circumstances. Then, we'll put you in touch with a personal injury solicitor who can advise on whether or not you could bring a successful case.
Can I bring a medical negligence mental health claim?
Possibly, yes.
Although medical treatment is usually of an exceptional standard, sometimes healthcare professionals fall short. In fact, according to data from NHS Resolution, £6 billion was paid out in clinical negligence settlements in 2021/22. So, if you've received negligent medical treatment and it has resulted in psychological damage, you might be able to make a medical negligence mental health claim.
You'll normally only be able to make a mental health compensation claim in certain circumstances, though. Some include:
- Your condition might be misdiagnosed or missed, leading to deterioration
- You have suffered a life-changing injury because of negligence by a healthcare professional
- Despite not suffering from a physical injury, the trauma of the event was so great that you're left with lifelong psychological effects. For example, if you were awake during surgery despite being given anaesthetic.
Who pays the compensation in a successful no win no fee claim?
Compensation is always paid by the other side's insurance company:
- In a road traffic accident injury claim, this will be their motor insurance company.
- For an injury at work, it will be the employers' liability insurer used by the firm you work for.
- For accidents in a public place, it will be the public liability insurer of the council, business or landlord deemed legally responsible for your accident injury.
This ensures no -one is hit with an unaffordable bill.
Our advice is to never accept an early settlement offer from an insurance company without taking legal advice. The amount may well be lower than that which you could claim.
We'll check your eligibility to claim and then pair you with one of our approved psychiatric injury solicitors if you choose to proceed.
What happens if my claim is unsuccessful or if you think I don't have grounds for a claim?
If your claim is unsuccessful, then you pay nothing: it's as simple as that. No win no fee means there are no financial risks and no financial surprises when you make a compensation claim.
We're here to give you the advice you need to make an informed decision about your claim. If we don't think you have reasonable grounds for a claim, either we (or the solicitor we appoint to discuss your case) will let you know there and then - and give you clear reasons why.
There are no up-front costs involved and if you're within the time limits for making a claim, you're free to seek a second opinion elsewhere.
Frequently asked questions...
Around 95% of our cases are settled without the need to go to court. This means there is a very small chance a claim will require a court hearing.
If your case does go to court, your solicitor will be on hand to support and guide you through the process and will make sure you always know what to expect.
Legal aid was a method of covering the cost of going to court and getting a fair hearing. In 2000, legal aid was made unavailable for personal injury cases, and instead no win no fee or conditional fee agreements were introduced.
All of our solicitors can help you to make your claim on a no win no fee basis, which means that if your case isn't successful you won't pay a penny.
If your case is successful, you'll pay a fee to your solicitor as a percentage of the amount you receive, and this percentage will have been agreed before starting your claim.
Find out more about legal aid and no win no fee here.
Yes, your GP has a duty of care to you. If they've failed to uphold this and you have been affected as a result, we can help you make it right. Read more about claiming for GP negligence here.
How do I start my claim with National Accident Helpline?
How do I start my claim with National Accident Helpline?
You could be entitled to compensation if you have experienced mental health issues as a result of someone's negligence. If you've got any questions about compensation claims for psychological injury, contact us for free and impartial advice on or request a call back. We'll listen to what you've been through and let you know if we think you could make a claim.
If you've got grounds to make a claim and would like to go ahead, we can connect you with specialist psychological injury lawyers. They will give you a free consultation and assess how they can help you. If you then want to go ahead, they will talk you through the no win no fee agreement before starting your claim for the compensation you deserve.