A Guide To How Much Compensation For PTSD You Could Claim

Part of a serious accident or experience can be psychological trauma, and if you’ve suffered this because of the fault of others, you might be considering a claim. How much compensation for PTSD could you be owed? This guide explains.

After a traumatic event, it can be common to suffer from post-traumatic stress disorder (PTSD). This is a significant mental health condition brought about by a traumatic experience. It ranges in severity and can be both temporary and permanent, causing the sufferer debilitating feelings of anxiety and depression, nightmares, insomnia and flashbacks. It can impact people of any age.

You can experience PTSD or another mental health disorder as a result of being in an accident or witnessing an accident. You may or may not have suffered other injuries. However, if another person or organisation had responsibility for your safety at the time of the accident and their actions or inactions caused the mental health injury, you could be eligible to make a personal injury claim.

Firstly, it’s essential to note that claims for personal injury can result in varying compensation outcomes. Whilst there is no set amount given in each case, there is a process for calculating compensation for people living with PTSD, and we explain that below. We look at who is eligible to make a claim for PTSD caused by the negligence of others, and some common causes of the mental condition itself.

A time limit applies to personal injury claims, which we outline below. Additionally, we examine the importance of evidence as a way of constructing a compelling and thorough claim. Our guide also explains how our panel of solicitors can assist eligible claimants by working under a No Win No Fee agreement.

Please read on to learn more about how much compensation for PTSD could apply to you. Or, you can speak to our advisors about your claim now:

• Call for free on 0800 408 7826
• Ask a question through the live chat for an immediate response.
• Submit a claim enquiry and contact us online.

Frequently Asked Questions 

1. How Much Compensation For PTSD (Post-Traumatic Stress Disorder) Could I Get?
2. Calculating The Value Of PTSD Compensation Claims
3. Can I Make A PTSD Claim?
4. What Are Some Common Causes Of PTSD?
5. How Long Do I Have To Make A PTSD Claim?
6. Is Evidence Needed To Claim For PTSD?
7. How Can A No Win No Fee Solicitor Help Me?
8. Starting A Claim With Our Panel Of Solicitors
9. Learn More

How Much Compensation For PTSD (Post-Traumatic Stress Disorder) Could I Get?

How much compensation for PTSD you could get will be very different to what another party with PTSD could get. This is because personal injury claims consider the severity of the injury, the impact it had or is expected to have on your life and how many injuries you suffered in the accident, as well as your related out-of-pocket expenses.

The table below has been compiled using entries from the Judicial College Guidelines (JCG). This document lists compensation guideline amounts for a wide group of injuries, including psychological harm. The amounts come from past cases that were successful in England and Wales and are grouped in order of severity.

These figures are strictly guidelines. Each claim will have unique factors that determine the compensation, and the best way to get a more precise idea is to consult with a professional. We can help with this if you get in touch. (Please note the first line shown here is not taken from the Judicial College Guidelines.)

Compensation Guidelines

NATURE OF HARM	SEVERITY	COMPENSATION GUIDELINES	NOTES
Multiple types of severe psychological harm with associated Special Damages.	Severe	Up to £500,000 plus.	For awards this size, the claimant typically suffers several severe types of psychological harm and the associated Special Damages amounts for lost earnings and counselling costs.
General Psychiatric Harm	(a) Severe	£66,920 increasing to £141,240	The extent to which coping skills and inter-personal relationships are impacted are assessed here and a very poor future prognosis is indicated.
	(b) Moderately Severe	£23,270 increasing to £66,920	Similar significant problems to those indicated in bracket above but the future prognosis is deemed to be more positive.
	(c) Moderate	£7,150 increasing to £23,270	Cases where there has been a notable improvement detected by the point at which the claim may go to trial.
	(d) Less Severe	£1,880 increasing to £7,150	Awards here reflect the extent to which daily activities are impacted as well as the duration of the disability experienced.
Post-Traumatic Stress Disorder (PTSD)	(a) Severe	£73,050 increasing to £122,850	Permanent negative impacts that drastically halt the persons ability to function on any level as they did before the traumatic experience.
	(b) Moderately Severe	£28,250 increasing to £73,050	This bracket differs from cases covered in the one above after the person has received professional counselling.
	(c) Moderate	£9,980 increasing to £28,250	On the whole a recovery and any remaining issues are not classed as excessively disabling.
	(d) Less Severe	£4,820 increasing to £9,980	Almost a total recovery seen within 12 - 24 months and only minor issues continuing beyond this time period.

Calculating The Value Of PTSD Compensation Claims

Those involved in the process of calculating compensation payouts for PTSD injuries will look at two areas of loss called general and special damages. General damages apply a monetary value to the anguish and suffering the person has endured. Special damages apply a figure for the financial harm the PTSD injuries have caused.

The Judicial College Guidelines help to apply an amount for the impact PTSD has had on the person’s quality of life or their ability to function with daily demands as they did before the traumatic accident. Also, it can take into account the severity and duration of injury. As well as any permanent disability that the injuries have caused the person.

Special damages always require documentary evidence of the financial harm. This proof could be the following:

• Payslips and statements proving past or future predicted losses in earnings because of the PTSD injury.
• Proof of any private mental health services you needed, such as seeing a paid counsellor.
• Travel expenses for essential appointments.
• Proof of medication costs, prescription charges or other related medical expenses.
• Proof of amounts paid to anyone who needed to care for you. This could include the time given by family and friends (gratuitous care).
• Invoices for help with domestic duties, such as cooking and cleaning.

The key is to assemble evidence that shows how PTSD has cost you money. Alongside general damages, a more complete and thorough compensation amount can be reached. Speak to our advisors to see if your claim is eligible. They could direct you to a solicitor from our panel to give a much more precise idea of how much compensation for PTSD you’re potentially owed.

Can I Make A PTSD Claim?

Yes, you could make a PTSD claim for compensation if your circumstances meet the criteria. The following needs to be demonstrated:

• A duty of care protected you at the moment of harm.
• Those responsible for this duty of care failed to apply it correctly.
• As a result, you suffered physical and/or psychological harm.

These criteria form the basis of an eligible personal injury claim for compensation. We explain the legislation governing duties of care that could be owed to you in various areas of life and how they might be breached in the next section. If you have any questions about your eligibility to start a compensation claim for diagnosed PTSD, please reach out to our friendly advisors.

What Are Some Common Causes Of PTSD?

We now look at some common causes of PTSD. We also give an example of how a breach of the duty of care in various situations might form the basis of a compensation claim:

Car Accident

Road users are obligated to avoid causing harm or damage to one another. This duty of care is fulfilled by adhering to the Road Traffic Act 1988 and the Highway Code. Failure to comply with these laws and rules can result in causing road traffic accidents that leave both physical and psychological harm.

Example – A speeding motorist collided with another vehicle and caused the death of the driver. The passenger in the car witnessed all this and suffered whiplash and anxiety.

Accident At Work

Under the Health and Safety at Work etc Act 1974 (HASAWA), UK employers owe a duty of care to their employees. They must take reasonable steps to make sure that employees are protected from an injury at work.

Example – The management of a construction site failed to prioritise health and safety standards, and as a result, a worker suffered a fall from a height that was unguarded. Alongside significant physical injuries, the worker suffered shock and PTSD, preventing them from returning to work.

Public Place Accident

Those in control of public places have a duty of care as detailed in the Occupiers’ Liability Act 1957 (OLA). Under this legislation, those in charge need to take whatever steps they can to ensure the reasonable safety of those visiting their premises or using their facilities.

Example: The owners of a shopping precinct failed to check and repair a faulty escalator in a main part of their complex. The escalator malfunctioned, and a member of the public fell, getting trapped in the moving stairs. As a consequence of this, they suffered cuts to the neck and shoulder and most significantly, a severe level of emotional distress and embarrassment, leading to nightmares, reliving the incident and a diagnosis of post-traumatic stress disorder. 

Assault

Claims for violent assault could be made differently. In England, Scotland and Wales, the victims of a violent assault might be eligible to seek compensation via the Criminal Injuries Compensation Authority (CICA). This government agency can award compensation according to its own set of conditions and tariffs. The crime must be reported to the police, and the victim must be willing to cooperate with all parties involved to assist in the investigation. However, compensation can be awarded for an assault even if there is no suspect, arrest or conviction.

Example: A person walking home at night was violently assaulted and mugged by an unknown perpetrator. They suffered a severe psychiatric reaction to the criminal assault and went on to experience nightmares, panic attacks and depression often found with PTSD.

Whatever the exact circumstances that led up to you experiencing PTSD, you could have legitimate grounds to seek compensation. To find out for sure, start by speaking to our advisors. If the claim seems solid and you wish to proceed, they could direct you to a solicitor from our panel to determine how much compensation for PTSD you could be owed.

How Long Do I Have To Make A PTSD Claim?

Personal injury claims must be initiated within a 3-year time limit in most cases, as outlined in the Limitation Act 1980. This is generally counted from the day of the accident that caused your injury. 

Under certain circumstances, this standard time limit might vary for two types of claimants:

• Minors (those under 18) cannot initiate a claim themselves. They can only do so after turning 18, from which date the 3-year time limit begins to activate (giving them until the age of 21 to claim).
• A freeze applies to those who lack the sufficient mental capacity to initiate a claim on their own. Instead, the 3-year limitation period can start from any future date that mental capacity may be restored.
• Alternatively, a claim can be made immediately for these groups if the courts allocate a litigation friend. This is often a family member or other involved party who carries out the claim responsibilities on the person’s behalf. This option is available only while the time limit is on pause.

Our advisors are available now to discuss time limits for PTSD claims or information on the role of litigation friends. Additionally, they are happy to address any general questions you may have about the personal injury claims process for psychological trauma.

Is Evidence Needed To Claim For PTSD?

It is necessary to present evidence that you suffered the psychological injury because of the negligent acts of others. To help, we’ve listed below some examples of useful types of proof:

• Medical records – The PTSD would need to be diagnosed, but any forms of psychological stress could be considered. GP notes and the findings of NHS or private mental health assessment are essential evidence.
• Witness contact details – Did others see the traumatic event happening to you? If you go ahead with a solicitor from our panel, they can approach witnesses and get a supporting statement from them that strengthens your claim.
• CCTV or dashcam footage – It may be possible to request copies of recorded footage if surveillance was in operation in the area where you were harmed. 
• Proof of monetary harm – Receipts and proof of any related financial costs or losses caused directly by the PTSD can be evidence too.

How Long Will A PTSD Claim Take?

Once begun, there is no hard and fast rule as to how long a PTSD claim for personal injury compensation can take. It is important to begin the claim as soon as you feel able because of the time limits involved. However, once started, you can gather evidence and calculate losses carefully without worrying about deadlines.

How Can A No Win No Fee Solicitor Help Me?

The solicitors on our panel can offer their legal services on a No Win, No Fee basis. They use a Conditional Fee Agreement (CFA), and working this way provides immediate benefits to the person seeking compensation for PTSD. Under a CFA funding agreement, the following typically apply:

• You won’t be expected to pay any solicitor’s fees to get started on the claim.
• No solicitor’s fees will apply throughout the duration of the claim.
• Should the claim be unsuccessful, no fees will be charged for the solicitor’s time and services.
• Claims that do settle in your favour require payment of a success fee to the solicitor. This is a percentage of the compensation that is capped by law under the Conditional Fee Agreements Order 2013. Also, you can agree upon the success fee with your solicitor before work starts.
• Instructing a No Win No Fee solicitor means you can take advantage of excellent legal representation and keep virtually all of the compensation if your claim wins.

If you’d like to discuss the advantages of funding your solicitor’s work in this way in more detail, please do not hesitate to get in touch. Or call for any questions about how much compensation for PTSD could apply to you.

Starting A Claim With Our Panel Of Solicitors

You might prefer to manage a personal injury claim on your own, and you are entitled to do so. However, before you decide, it’s worth looking into the ways that a skilled personal injury solicitor from our panel could help you make a better claim. They have decades of experience helping claimants access the compensation they’re owed. The services they provide are wide-ranging:

• They will help you collect the right evidence to support your claim, such as expert psychiatric reports from an independent specialist and witness statements from anyone who saw you suffering trauma.
• They will use this evidence to ensure a full and fair compensation amount is calculated.
• They’ll meet all deadlines and court instructions that might arise.
• They will explain the claims process and any complicated legal points to you.
• Additionally, they will handle all communication with the third party involved (or their insurer).
• Also, they will negotiate the final settlement and help select the most appropriate barrister to represent you in court if the claim needs to go that far.
• As well as all this, they will help you access the right rehabilitation care after a significant disability.

Taking care of your claim in this manner allows you to focus on your recovery. It can also provide enormous peace of mind knowing that your claim is with an experienced solicitor from our panel. Why not take this opportunity to see how much compensation for PTSD our panel of solicitors could calculate for you? Call today.

Contact Our Advisors

• Ask a question through the live chat about PTSD compensation amounts.
• Call for free on 0800 408 7826 to discuss how to claim compensation.
• Contact us online.

Learn More

The focus of this guide was how much compensation for PTSD. These other resources expand on this topic:

• Here we look at claims for psychological damage in more detail.
• This guide explores compensation for assault.
• Also, read more about the sort of serious injury claims that might include psychiatric harm.

Some outside resources:

• Here is a resource from the NHS about post traumatic stress disorder (PTSD) symptoms
• Also, read guidance from the GOV.UK about disability rights. 
• Lastly, this resource explores how cognitive behavioural therapy can help PTSD sufferers.

In conclusion, we hope this article on how much compensation for PTSD has been useful. If you’d like to discuss any points raised here, please contact our advisory team using the options provided above.