Post Traumatic Stress Disorder Claims Guide

By Stephen Kane. Last Updated 29th April 2024. In this guide, you can find advice on claiming post traumatic stress disorder compensation. If you have been diagnosed with PTSD due to another party breaching their duty of care, you may be able to start a personal injury claim.

Please read on to learn more about the process of making a PTSD claim. We’ll also discuss key aspects of the claims process, including the evidence you could gather to support your claim and finding a solicitor to represent your case.

Additionally, whilst we are unable to provide PTSD compensation examples as each case is unique, we will explore how settlements are calculated.

If you would like to learn more about making a PTSD claim in the UK, then you can contact our advisors today. You can contact our team by either calling 0161 696 9685 or by using our online contact form.

a man sufering from the symptoms of Post Traumatic Stress Disorder (PTSD)

Select A Section

  1. PTSD Compensation Examples
  2. Time Limits For Making A Post Traumatic Stress Disorder Claim
  3. PTSD After A Car Accident – Can I Claim?
  4. Make A Post Traumatic Stress Disorder Claim Against Your Employer
  5. Compensation For PTSD – Do I Need Evidence?
  6. What Is A No Win No Fee Post Traumatic Stress Disorder Claim?

PTSD Compensation Examples

If you make a successful post-traumatic stress disorder claim, you will receive general damages. This is the first of two potential heads of personal injury claim compensation and covers your injuries, be they physical or psychological.

When this head of claim is valued, those handling the calculations can get help from the Judicial College Guidelines (JCG). This is a document that outlines common physical and psychological injuries, and provide guideline compensation brackets.

In the table below, you can see some of these guideline brackets as they relate to PTSD compensation. Please note that the first entry has not been taken from the JCG, and that these amounts are not guaranteed.

The InjuryNotes About the InjuryAmount
Multiple Serious Injuries and Special DamagesSettlements could include compensation for multiple severe injuries and expenses, such as loss of earnings and therapy costs.Up to £250,000+
General Psychiatric Damage - SevereA very poor prognosis with the person severely struggling to cope with their daily social and working life with other issues.£66,920 to £141,240
General Psychiatric Damage - Moderately SevereSignificant issues to the injured person's ability to deal with education, work and life persist. However, the prognosis will be more positive than in severe cases. £23,270 to £66,920
General Psychiatric Damage - ModerateThe person will have made significant improvements and the prognosis will be good.£7,150 to £23,270
General Psychiatric Damage - Less SevereThe compensation amount will depend on factors including how much daily activities and sleep were affected. £1,880 to £7,150
PTSD - SevereIn these incidents, the person will suffer permanent effects that can stop them from working altogether or, at a minimum, functioning at anything that is similar to approaching their pre-trauma level. In such severe cases, all elements of person’s life will be impacted in a negative manner.£73,050 to £122,850
PTSD - Moderately SevereDespite a positive prognosis, the person will still significantly struggle with various issues. However, there will be room for some recovery with professional help.£28,250 to £73,050
PTSD - ModerateThe person will have made a good recovery and any continuing effects will not be grossly disabling.£9,980 to £28,250
PTSD - Less SevereIn such incidents, the person will make virtually a complete recovery within one to two years. £4,820 to £9,980

Can Post Traumatic Stress Disorder Compensation Claims Include Special Damages?

Some post-traumatic stress disorder compensation claims also result in special damages. This is the second head of claim that you could receive, and it addresses the financial losses you experience as a result of your PTSD.

For example, if your PTSD is so severe that you can no longer work, this can result in lost wages. Under special damages, you could claim back these lost earnings, along with the cost of:

  • Childcare.
  • Housekeeping.
  • Counselling.
  • Travel costs.
  • Prescriptions and medications.

To learn more about compensation in post-traumatic stress disorder compensation claims, contact our team of advisors today.

Time Limits For Making A Post Traumatic Stress Disorder Claim

All PTSD compensation claims must be filed within the personal injury claims time limit. This is generally three years from the date of the incident that resulted in your PTSD symptoms. This time limit is set under the Limitation Act 1980.

However, the legislation does allow for some exceptions. This means that for certain psychological injury claims, the limitation period is suspended. These cases include:

  • Young people under the age of 18: These PTSD sufferers cannot initiate their own legal proceedings. However, a court-appointed litigation friend could start the PTSD compensation claim on their behalf at any point before the injured party turns 18. If the injured party turns 18 without a compensation claim being made for them, then they will have three years from the date of their 18th birthday to file a claim for their psychological trauma.
  • Those without the mental capacity to initiate their own claim: These injured parties have an indefinite suspension applied to the time limit that lasts for as long as they are without this capacity. A litigation friend can be appointed to make a post-traumatic stress disorder claim at any point during this time. However, if the injured party regains the required capacity to make their own PTSD compensation claim, they will have three years from that date to begin the claims process if one was not filed by a litigation friend already.

If you have any questions about claiming compensation for a psychological injury, please contact a member of our advisory team. They can also check to see if you are still within the time limit.

scraps of paper that spell out PTSD and post traumatic stress

PTSD After A Car Accident – Can I Claim?

When using the roads, road users need to navigate them in a way that prevents injury and damage to themselves and others. This is their duty of care. To uphold this duty, road users need to adhere to the rules set out in the Road Traffic Act 1988 and the Highway Code. PTSD claims must be supported with evidence that proves another road user was in breach of this duty and this caused your mental injury to be valid. 

a man looking stressed after being in a car accident. a smashed vehicle is behind him

As such, as with all personal injury claims, if you are seeking compensation for PTSD following a road traffic accident, you must prove that: 

  • You were owed a duty of care. 
  • This was breached. 
  • You suffered injuries as a result. These could be mental or physical injuries or both. 

If you have any questions about eligibility or the potential PTSD car accident settlement amount in the UK that could be awarded following a successful claim, speak to one of the advisors from our team.

Make A Post Traumatic Stress Disorder Claim Against Your Employer

If you’ve suffered from PTSD symptoms after being involved in an accident at work, you may be able to make a compensation claim against your employer.

When you’re working, your employer owes you a duty of care. This means that they need to take all reasonably practicable steps to keep you safe, as per the Health and Safety at Work etc. Act 1974 (HASAWA).

If your employer breaches this duty of care, and you suffer PTSD as a result, then you may be able to claim compensation. For example, you may experience PTSD symptoms after falling from a height due to a poorly maintained railing. This could also cause you to suffer physical injuries.

To find out if you could make a PTSD claim against your employer, contact our team of friendly advisors today. They can offer a free consultation, during which they can answer any questions you might have about the personal injury claims process. If they find your claim to be valid, they may then connect you with a personal injury solicitor from our panel.

Compensation For PTSD – Do I Need Evidence?

Evidence is required to support a post traumatic stress disorder claim. You’ll need to provide proof that you have been diagnosed with PTSD by a qualified medical professional and that the condition occurred because a party breached a duty of care they owed you.

Examples of evidence that could support your claim include:

  • Medical records or a psychologist report that confirm your PTSD diagnosis.
  • Video footage of the incident that caused your injury, such as CCTV footage.
  • Photographs of the accident scene and any additional visible injuries you suffered from the accident.
  • The contact details of any witnesses who are able to provide a statement about the accident that caused your PTSD.

If a personal injury solicitor is helping with your claim, then they can assist with gathering evidence. You can contact our team of advisors for free today for more information about gathering evidence or other steps of the claiming process. They could also potentially connect you with a solicitor on our panel if they deem you to have a strong case.

a man discussing a PTSD compensation claim with a lawyer

 

What Is A No Win No Fee Post Traumatic Stress Disorder Claim?

If you suffered PTSD due to a third party breaching the duty of care they owed you, you might be eligible to claim compensation. If you decide to make a PTSD claim, one of the PTSD solicitors from our panel could help assist you with your case. They have lots of experience ensuring their clients receive the highest PTSD compensation amounts possible for their cases. Additionally, they might offer their services to you under the terms of a Conditional Fee Agreement (CFA). A CFA is a type of No Win No Fee arrangement.

When working with a No Win No Fee solicitor, they won’t ask you to pay anything upfront for their services. They usually don’t expect you to pay any ongoing fees either. If your personal injury solicitor is successful with your claim, they will take a success fee from your compensation award. The amount they take is capped by law. Should they not succeed, they usually won’t ask you to pay for their services.

Our advisory team can discuss your traumatic experience and evaluate whether or not you have good grounds to make a PTSD compensation claim. If you do, you could be connected to one of the personal injury solicitors from our panel.

Get in touch about your potential post traumatic stress disorder claim using the following details:

a lawyer standing over a case file

Post Traumatic Stress Disorder Victim Support and Helpful Resources

We’re available 24/7 to discuss your potential PTSD claim. In addition to calculating how much compensation your claim could be worth, we can help you get it started if you have good grounds to make a personal injury claim.