Post Traumatic Stress Disorder Claims Guide

By Danielle Nicholson. Last Updated 2nd February 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 your psychological injury case is successful, your settlement could consist of two heads of claim: general and special damages.

General damages in a PTSD claim compensate for your psychological trauma and the pain and suffering this has caused you. This part of a personal injury claim will also compensate for a physical injury (if you suffered one in the traumatic incident). It is under this part of your claim that you will be compensated for any mental or physical symptoms.

Legal professionals can refer to the Judicial College Guidelines (JCG) as guidance when valuing personal injury claims. This document contains guideline compensation amounts for different types of injuries. These compensation brackets also consider the severity of the injury.

In our table below, we’ve provided a few figures for mental health injuries, including PTSD compensation examples from the 16th edition of the JCG. However, the top row is not from the JCG. It is included to show how compensation for more than one serious injury, such as severe PTSD and any special damages you may be entitled to are calculated. The table is only provided for guidance.

The Injury Notes About the Injury Amount
Multiple Serious Injuries and Special Damages Settlements could include compensation for multiple severe injuries and expenses, such as loss of earnings and therapy costs. Up to £250,000+
General Psychiatric Damage – Severe A very poor prognosis with the person severely struggling to cope with their daily social and working life with other issues. £54,830 to £115,730
General Psychiatric Damage – Moderately Severe Significant 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. £19,070 to £54,830
General Psychiatric Damage – Moderate The person will have made significant improvements and the prognosis will be good. £5,860 to £19,070
General Psychiatric Damage – Less Severe The compensation amount will depend on factors including how much daily activities and sleep were affected. £1,540 to £5,860
PTSD – Severe In 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. £59,860 to £100,670
PTSD – Moderately Severe Despite a positive prognosis, the person will still significantly struggle with various issues. However, there will be room for some recovery with professional help. £23,150 to £59,860
PTSD – Moderate The person will have made a good recovery and any continuing effects will not be grossly disabling. £8,180 to £23,150
PTSD – Less Severe In such incidents, the person will make virtually a complete recovery within one to two years. £3,950 to £8,180

If you have any questions about how compensation could be awarded in PTSD claims, please get in touch with an advisor from our team.

Can Post Traumatic Stress Disorder Compensation Claims Include Special Damages?

Special damages may also be included in your PTSD compensation. This second head of a claim compensates for expenses incurred as a result of your injury.

Some examples of expenses that could be recovered in post traumatic stress disorder claims include:

  • Costs for psychological treatment, such as cognitive behavioural therapy (CBT).
  • Medication costs.
  • Loss of earnings for time spent off work to recover.
  • Expenses towards any medical treatment related to the traumatic event that you required.

If you are seeking special damages as part of a personal injury claim, you should submit proof of your expenses. For example, receipts, payslips and invoices.

If you have any questions about PTSD compensation claims, please contact one of the advisors from our team. A member of our advisory team can help value your PTSD claim taking into account any physical injuries you might be able to include as well as the psychological injury. They can also advise you on claiming for special damages and what evidence you would need to submit.

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

Start your PTSD compensation claim today

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?

In order to make a successful PTSD claim, you will need to provide evidence that you were injured due to negligence.

What evidence you collect will be specific to you and how your psychological injury was caused, but generally, you could present:

  • Witnesses: The contact details of those who witnessed the incident, or immediate aftermath, that led to you suffering PTSD
  • Videos: Footage or other forms of recording of the incident
  • Documents: Emails or documents that could show your concerns were not being fairly addressed
  • Medical records: Medical reports or notes from a therapist. For example, if you’re going through a divorce and suffer symptoms of PTSD due to the trauma of the experience, the help you get from your GP can be logged in your records and used as proof.

Generally, a PTSD settlement offer in a UK claim can depend on the levels of distress caused by the psychological symptoms the person claiming had suffered. Your evidence will likely influence your settlement offer.

How much you could receive in PTSD compensation can also depend on how your mental injury affected your finances. Evidence of losses, such as receipts and bank statements, could also be helpful. This can recover costs towards treatment as well. For example, if you required cognitive behavioural therapy to cope with your psychological injuries, these expenses can be recovered.

If you would like personalised information about what to collect for your claim, then please reach out to one of our advisers. They can also explain more about what could be included in PTSD compensation payouts in the UK.

a man discussing a PTSD compensation claim with a lawyer

PTSD Compensation – How Do I Make A Claim?

In order to make a claim for PTSD compensation, you will need to gather evidence such as those listed above. It’s important to prove who was liable and that you were injured due to their action or inaction.

Generally, we recommend collecting evidence before you begin the claims process, if at all possible. You will then need to send what is called a letter before claim, a letter to the faulting party that informs them that you intend to claim against them and why.

The defendant’s response will guide your next set of actions, they may:

  • Accept liability, and you can then perhaps negotiate over a final settlement
  • Refuse liability, at which point you may have to present the evidence you have collected to persuade them to accept liability
  • Refuse liability, and present you with evidence that refutes your claim

There are a number of ways that a claim can proceed but compensation payouts in PTSD claims are typically decided in negotiations, guided by evidence that either side can provide.

If the faulting party continues to refuse liability, you may need to take the claim to court. However, generally, both parties will try to avoid this as the process can be long and costly.

Please reach out to a member of our team for more information about how to successfully claim PTSD compensation payouts in UK claims.

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.