A serious physical injury can take months and even years to recover from, but a major part of any accident can be the psychological trauma you suffer. In some cases, the psychological injury can be far worse than the physical injuries. This guide aims to answer the question ‘How much compensation for psychological damage could I recover?’
We’ll detail what a psychological injury is and explain who could qualify to make a claim based on the negligence of others. We will explore the compensation that can be awarded for the psychological trauma itself, as well as any monetary harm the injuries can create. In addition to this, we will explain if others who witnessed the traumatic injury might be entitled to seek damages as secondary victims in a personal injury claim.
Psychological harm can be part of multiple injuries, so we look at the evidence that can help you ensure your claim includes all aspects of loss. Our final section explains the advantages of appointing a personal injury solicitor from our panel to help with this.
Read on to learn more, or if you’d like to discuss how much compensation for psychological damage you could be owed right now, you can:
- Call on 0800 408 7826
- Contact us online.
- Talk to one of our advisors through live chat.
Jump To A Section
- How Much Compensation For Psychological Damage?
- What Is A Psychological Injury?
- What Is A Psychological Injury Claim?
- Can Secondary Victims Claim Compensation?
- Can I Claim Compensation For Psychological Damage And Multiple Injuries?
- What Evidence Can Help Me Claim Compensation For Psychological Damage?
- What Is A No Win No Fee Psychological Injury Claim?
- Read More About Making A Personal Injury Claim
How Much Compensation For Psychological Damage?
How much compensation for psychological damage is a common question we get asked. So, let’s answer it as best we can. A personal injury claim can be made up of two heads of loss called general and special damages. General damages are a way of applying a monetary figure to the physical pain and psychological suffering caused because of the injury.
To calculate a value for this, those concerned refer to psychiatric evaluations, medical reports and publications like the Judicial College Guidelines (JCG). This lists award bracket amounts for a variety of bodily and mental injuries. Our excerpt below illustrates what the JCG says about general psychological harm and post-traumatic stress disorder (PTSD):
Compensation Guidelines
| Injury | Severity | Award Guidelines | Definition |
|---|---|---|---|
| Severe Multiple Injuries and Special Damages | Severe | Up to £500,000 plus. | Cases where the person suffers severe psychological injury and multiple physical harm alongside special damages for counselling, lost earnings and medical bills. |
| Psychiatric Harm - General | (a) Severe | £66,920 up to £141,240 | Very poor indicated outlook in all areas of normal life. |
| (b) Moderately Severe | £23,.270 up to £66,920 | Significant mental health problems in work and personal relationships but a better indicated future than bracket above. | |
| (c) Moderate | £7,150 up to £23,270 | Similar psychological challenges to those in brackets above but an improvement seen by time of any trial. | |
| (d) Less Severe | £1,880 up to £7,150 | Awards here take into account the length of injury. | |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | £73,050 up to £122,850 | Permanent trauma impacts that prevent the person from experiencing life as they did prior to the traumatic event. |
| (b) Moderately Severe | £28,250 up to £73,050 | Whilst the effects still represent a significant disability, counselling helps. | |
| (c) Moderate | £9,980 up to £28,250 | Overall a recovery and continuing effects are not severely debilitating. | |
| (d) Less Severe | £4,820 up to £9,980 | A full recovery (almost) within 1 - 2 years and any remaining symptoms being minor. |
Please note that because personal injury claims always vary, the amounts shown are suggested and not guaranteed. Also, the first line entry does not come from the JCG.
Can I Claim For Loss Of Earnings Caused By Psychological Injuries?
Certain monetary harm caused by the injuries (like loss of earnings) can be reimbursed under the special damages head of loss. Evidence is required to include loss or expense as part of the claim. You may have:
- Wage slips showing how time off work with stress/illness caused a drop or loss of earnings.
- Invoices or receipts showing the cost of seeing a counsellor/psychiatrist or anyone else who had to look after you.
- Proof of the costs for adaptations or changes to your home and vehicle for other physical injuries.
- Proof of travel costs to essential appointments.
What Is A Psychological Injury?
A psychological injury is a type of mental health damage typically caused by a very upsetting event like an accident. Psychological injury can range greatly in severity. It may be a moderate psychological trauma that fades over a short period of time, or the trauma may cause more serious conditions such as depression and post-traumatic stress disorder (PTSD). This NHS resource describes PTSD symptoms:
- Nightmares and flashbacks.
- Feelings of isolation.
- Irritability and anger problems.
- Insomnia.
- Depression and anxiety attacks.
- Feelings of hopelessness and suicide.
Symptoms can persist for years and greatly impact the person’s ability to function normally in life. If you were impacted like this because of the negligence of others, find out how much compensation for psychological damage may apply to your claim.
What Is A Psychological Injury Claim?
A psychological injury claim can be made against a third party based on them breaching their duty of care to you. To move ahead with a valid claim for compensation against them you need to show:
- A duty of care applied.
- It was breached.
- This caused you harm.
Duty of care laws apply in various areas of daily life. But three of the most common places where a psychological injury could be caused are as follows:
Road Traffic Accidents
Road users are obliged to drive in ways that reduce the risk of harm. To fully comply with their duty of care to each other, they must follow the Road Traffic Act 1988 and additional obligations in the Highway Code. A breach of duty of care on the roads that could give rise to a psychological compensation claim includes:
- When a drunk driver causes a significant car accident and results in serious physical and mental injuries to the other driver.
- A pedestrian is run over in a road traffic accident by a careless driver and becomes depressed after being unable to return to work.
- A person suffers psychological injury after being involved in a rear-end shunt. They become too scared to drive sue to the fear of the accident happening again.
Accidents At Work
Employers owe their workers a duty of care as per the Health and Safety at Work etc Act 1974 (HASAWA). They must take steps (both reasonable and practicable) to control hazards and reduce the risk of harm to employees while they work. A breach could be:
- When an employer fails to check machinery or tools are safe and an employee is badly injured at work, suffering shock and psychological trauma alongside physical injuries.
- Workers are not provided with correct and essential personal protective equipment (PPE) such as a hard hat. A person suffers a traumatizing head injury at work, which also includes psychological injury.
- When a workplace does not have adequate security measures, this leads to a staff member being assaulted and leaves them with PTSD in addition to their physical injuries.
Accidents In A Public Place
Those in control of public spaces owe a duty of care as per the Occupiers’ Liability Act 1957. Steps must be taken to implement whatever measures are necessary to protect the public from harm. Therefore, a breach of duty in a public liability claim might involve the following:
- When a negligent nightclub failed to provide proper lighting in a stairwell, a person had a fall and suffered a traumatizing accident. They develop a mental condition, making them scared to go to public places, which was caused by the accident.
- A shopper slipped on a wet floor that was left unattended and without hazard signs. They suffered multiple bloody lacerations and shock, leaving them with a post-traumatic stress reaction.
- A small child suffers burns in a restaurant when they touch a hot surface that has no warning signs. The child suffers psychological injury due to the trauma.
Can Secondary Victims Claim Compensation?
A primary victim is the person who actually experiences the accident and injury. A secondary victim can be someone who witnesses it. To claim, they must have a close tie of love and personal affection to the primary victim. An example would be a parent who witnesses their child being injured in a road traffic accident and suffers psychological harm as a result.
There must still be a duty owed to the primary victim and also this duty must be breached for the secondary victim to claim (if they meet the criteria to do so).
If you wish to claim for trauma after witnessing a loved one have an accident that wasn’t their fault, speak to our team. To discuss this in more detail and find out how much compensation for psychological damage can be recovered, use the contact details provided.
Can I Claim Compensation For Psychological Damage And Multiple Injuries?
In addition to your claim for a mental health compensation payout, you may likely have physical injuries for which you are owed. Claims for multiple injuries need to show that the same event caused all the injuries. So for a more precise idea of how much compensation for psychological and physical damage you may be due, speak to our advisory team.
What Evidence Can Help Me Claim Compensation For Psychological Damage?
You need to gather evidence to support your claim for psychological injury. It needs to demonstrate how the third party breached their duty of care to you and you suffered harm as a result. The following could help:
- CCTV footage that shows the accident.
- Roadside dashcam and helmet-cam that filmed the incident.
- Contact details for witnesses to the incident. A solicitor (if you appoint one) can approach these people for a statement at a later date.
- Medical records of physical injury and psychiatric evaluations from a counsellor or therapist.
- A copy of the workplace accident book entry.
- Photos of your visible injuries.
What Is A No Win No Fee Psychological Injury Claim?
No Win No Fee personal injury solicitors could help you start a much more organised and comprehensive claim for psychological injury. In addition to this, they can help gather evidence, interview witnesses, deal with court correspondence and argue with the defendant for the maximum compensation amount on your behalf.
Accessing these excellent services may be easier than you think. The solicitors on our panel offer a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). Firstly, no upfront or ongoing fees apply when making a claim this way. Also, no solicitors fees apply for completed work on your case if it fails.
Only a small and legally restricted percentage of the compensation becomes owed to solicitors in the event of a successful claim. There is a legal cap on this success fee which ensures that the person claiming always benefits the most from this. Interested?
- Call on 0800 408 7826 to discuss your psychological injury claims.
- Contact us online.
- Also, talk about personal injury claims via live chat.
Read More About Making A Personal Injury Claim
Other guides that may help:
- Read about compensation for a facial scar that can be psychologically damaging.
- Here is information on whiplash and anxiety claims.
- Also, you can read about claiming for a broken leg in a public place here.
External resources:
- This resource looks at mental health services from the NHS.
- Information on MIND, the mental health charity.
- Lastly, read the NHS’s guide about depression in adults.
We value your interest in our guide. To learn more about how much compensation for psychological damage may apply to you, get in touch with our advisory team.