By Cat Grayson. Last Updated 6th December 2023. You may be wondering, “How much compensation for anxiety after a car accident could I receive?” If you have suffered a mental health injury, such as anxiety, depression or post-traumatic stress disorder (PTSD), following a car accident, you may be able to claim compensation for anxiety if you’re able to prove that third-party negligence caused your injury.
Within this guide, we will discuss the specific criteria that must be met to be able to make a personal injury claim for your physical and mental trauma following a car accident. Additionally, we will set out the time limits that must be adhered to when starting legal proceedings. This guide will also provide examples of evidence that could be used to help support your road traffic accident claim. Furthermore, we will share some of the various benefits of making a claim with the help of a No Win No Fee solicitor.
Our advisors here at Advice.co.uk are available to talk you through the car accident claims process, offer free advice and answer any questions. They may also be able to help connect you with a solicitor who could support you if you have a valid car accident claim. Contact them today by:
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- When Could I Claim For Anxiety After A Car Accident?
- How Much Compensation Could I Receive For Anxiety After A Car Accident?
- Do I Need Evidence When I’m Claiming For Anxiety After A Car Accident?
- Personal Injury Claim Time Limits After A Car Accident
- Anxiety After A Car Accident – The Benefits Of Claiming With A No Win No Fee Solicitor
- Additional Information For Anxiety Sufferers Following A Road Traffic Accident
While on the roads, road users owe each other a duty of care to navigate in a way that prevents injury and damage to themselves and others. As part of this duty, road users must comply with the Road Traffic Act 1988 and other rules and regulations found in the Highway Code. If another road user were to breach this duty, you could suffer physical injuries as well as cause harm to your mental and emotional health.
However, all personal injury claims for car accidents must meet the relevant criteria. This means that you must have evidence that shows:
- The other road user owed you a duty of care.
- They breached this duty.
- This breach caused you to suffer a physical or mental health injury in a car accident.
For example, a drunk driver was speeding down the wrong side of the road and crashed head-on into your car. Following this, not only do you suffer with physical injuries such as a broken leg and neck injury, but you also suffer mentally are are diagnosed with anxiety following this car accident.
If you have any questions about claiming compensation as either a driver or a passenger in a car accident, please contact one of the advisors from our team. They can evaluate your claim for free, and can help you identify whether or not your claim is valid.
You may be wondering how much compensation could be awarded for anxiety following car accidents. This can vary from case to case because every claim is valued based on its unique circumstances.
All successful claimants will receive general damages. This is because this area of claim covers your injuries, and the pain and suffering that they cause you. This includes physical injuries and harm done to your emotional and mental health.
When this head of claim is valued, reference can be made to the Judicial College Guidelines (JCG). This document contains guideline compensation brackets for a number of different injuries, some examples of which you can find below. However, we must mention that the first entry has not been taken from the JCG.
|Multiple Severe Injuries With Special Damages||Compensation for several serious injuries and their special damages such as lost earnings, care costs and medical expenses.||Up to £200,000+|
|Psychiatric Damage - Severe||The injured person will have significant problems dealing with ordinary life. The prognosis will be very poor.||£54,830 to £115,730|
|Psychiatric Damage - Moderately severe||Significant issues with the injured person's ability to cope with life, education and work will persist. However, prognosis will be more optimistic.||£19,070 to £54,830|
|Psychiatric Damage - Moderate||Prognosis will be good and there has been a marked improvements by trial.||£5,860 to £19,070|
|Psychiatric damage - Less Severe||Award dependent on the length of time various activities were impacted.||£1,540 to £5,860|
|PTSD - Severe||Permanent problems which will cause the person to struggle to function the same as they used to.||£59,860 to £100,670|
|PTSD - Moderately Severe||PTSD has a negative effect on quality of life but recovery is possible with professional medical help.||£23,150 to £59,860|
|PTSD - Moderate||A significant recovery and any ongoing effects should not be very disabling.||£8,180 to £23,150|
|PTSD - Less Severe||Full recovery expected within one or two years with only minor side effects following that.||£3,950 to £8,180|
|Whiplash Injuries With Psychological Injuries||Injuries last 18 to 24 months.||£4,345|
|Whiplash Injuries With Psychological Injuries||Injuries last 18 to 24 months.||£4,215
Special damages is the head of your claim that helps you recoup the financial losses you suffer as a result of your mental and physical injuries. For example, under this heading, you may be able to claim back the cost of:
- Prescriptions for acute stress disorder or other psychological conditions.
- Counselling to cope with your mental trauma.
- Travel, such as taxi fares to psychiatrist appointments to help cope with your anxiety symptoms.
- Lost earnings as a result of being unable to work.
However, you will need to provide proof of these losses, which could include bank statements, invoices, or receipts.
To learn more about making a car accident claim, contact our team today. They can evaluate your claim for free, and may be able to connect you with a solicitor from our panel.
Does The Whiplash Reform Programme Offer Compensation After A Car Accident
If you are seeking compensation after a car accident that happened In England or Wales, the way you make your claim may have changed. Due to the Whiplash Reform Programme, the process of how certain claims are made for car accidents has changed. This applies to those who:
- Were injured as a passenger or driver of a vehicle.
- Are aged 18 and over.
- Have suffered injuries valued at £5,000 or less, such as whiplash.
Additionally, your whiplash injuries will now be valued in accordance with the tariff found in the Whiplash Injury Regulations. These are fixed amounts and we have included some of them in the table above. Any additional injuries that are not covered by this tariff that you have suffered and are claiming for, will be valued in the traditional way.
Contact our advisors today if you are unsure which avenue to take when making your claim. They can also provide you with further information about the claiming process for a serious car accident.
If you are eligible to make a personal injury claim for anxiety or depression after a car accident, collecting sufficient evidence could help support your claim. It could help with proving who was liable and the psychological injury you suffered. Some examples of the evidence you collect when making a claim for anxiety after a car accident include:
- Video evidence – This could include dashcam or CCTV footage of the accident.
- The contact details of any witnesses – they could provide a statement later on.
- Photographs – This could be of the accident scene or your visible injuries.
- Medical records stating your injuries – For example, a confirmation letter from a mental health professional stating you have been diagnosed with post-traumatic stress disorder.
If you have suffered anxiety after an injury caused by a road traffic accident, our advisors can give you free advice on what evidence to collect. Get in touch at any time.
When discussing how to claim after a car accident, it is essential that you know about the time limits involved. You’ll need to ensure you start a claim within the time limit, otherwise, your claim is at risk of being statute-barred.
The Limitation Act 1980 sets out the limitation period to claim compensation after a car accident. You typically have three years from the date of the accident. However, a minor who suffers shock after a car accident has three years from their 18th birthday to take action.
Additionally, the time limit is suspended for someone who does not have the mental capacity to start a claim. It would only begin if they regain the required mental capacity. A litigation friend may act on the behalf of a child or someone who lacks the mental capacity to begin their own claim whilst the time limit is suspended.
If a mental health professional has confirmed you have suffered a psychological injury following a car accident, and you would like to know if you could make a claim, contact our team. Our advisors could connect you with an expert car accident injury claim solicitor from our panel.
If you are eligible to make a personal injury claim for your mental health injuries following a car accident, you may wish to instruct a solicitor to work on your case. One of the road traffic accident solicitors from our panel could support your claim. They typically use a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA) when offering their services.
If your road traffic accident solicitor works with you under this type of agreement, they generally don’t ask you to pay an upfront fee towards their services. They also don’t ask you to pay ongoing costs for their services. You also won’t be asked to pay for their work on your case if you aren’t awarded compensation following an unsuccessful claim.
However, should the outcome of your claim for anxiety after a car accident be successful, your solicitor will deduct a success fee from your compensation. The success fee is a legally limited percentage of your award.
To discuss how much compensation you could receive for your physical and mental health injuries, get in touch with one of the advisors from our team. If you have a strong case, you could be connected to one of the solicitors from our panel.
To speak to a member of the team:
NHS What is GAD? – An NHS guide to anxiety disorder
How to get help for anxiety – From Anxiety UK.
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For more information about the claiming process for car accidents, or to see if you could have a valid personal injury claim, contact our advisors.