By Danielle Nicholson. Last Updated 15th September 2023. In this guide, you can find advice on claiming post traumatic stress disorder compensation. If you have been diagnosed with post traumatic stress disorder (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.
Post Traumatic Stress Disorder Compensation Claims Guide
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.
Select A Section
- PTSD Compensation Examples
- Can Post Traumatic Stress Disorder Compensation Claims Include Special Damages?
- Time Limit For Claiming A PTSD Settlement Offer In The UK
- PTSD After A Car Accident – Can I Claim?
- Post Traumatic Stress Disorder Claims Against Your Employer
- Am I Eligible To Make A PTSD Personal Injury Claim?
- Compensation For PTSD – Do I Need Evidence?
- No Win No Fee PTSD Claim Solicitors
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 compensate for your physical and psychological injuries and the pain and suffering they have caused you.
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.
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. It is only provided for guidance.
| The Injury | Notes About the Injury | Amount |
|---|---|---|
| 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 compensations 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:
- Therapy costs.
- Medication costs.
- Loss of earnings for time spent off work to recover.
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 post traumatic stress disorder compensation claims, please contact one of the advisors from our team.
Time Limit For Claiming A PTSD Settlement Offer In The UK
If you’re interested in pursuing compensation, success stories for PTSD claims could help clarify how long you have left to start a claim and you may want more information about how long you have to make a PTSD claim. In general, you have three years from the date of the incident or the date you became aware that negligence caused your PTSD to begin claims proceedings. If you do not begin the claim within this timeframe, you may not be eligible to claim or receive a PTSD settlement offer.
In England and Wales, the personal injury claims time limit is defined in The Limitation Act 1980. However, it’s important to note that there are exceptions to the three-year time limit.
This is because, with psychological injuries like PTSD, you may not be fully aware that you have the condition or what specifically caused it until years later.
Other exceptions to the three-year time limit include:
- If you’re wanting to claim for an accident that occurred while you were a child. To claim in this instance, you would have three years from the date of your eighteenth birthday to begin proceedings. Alternatively, someone could act as a litigation friend who could represent the claimant in proceedings.
- If someone who wants to claim lacks the mental capacity. In this case, there is no time limit for them to claim unless they regain their mental capacity, in which case they would then have three years to claim.
Furthermore, there is a separate armed forces compensation scheme where you could get a PTSD payout. More information about that is below.
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.
Post Traumatic Stress Disorder Car Accident Compensation
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, physical 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.
Post Traumatic Stress Disorder Claims Against Your Employer
You can also make a PTSD compensation claim if you have suffered PTSD due to your employer. Many individuals worry about doing this, as they fear that their employer will sack them. It is an understandable concern, however, it is not one you should worry about.
Under the Health and Safety at Work etc. Act 1974, it is the duty of an employer to provide a safe and healthy working environment. If they fail to do so, they know they must compensate the victim for an accident at work that causes them injury, and they will have insurance in place to cover this. If your employer were to dismiss you or make your leave your job, they would only make the situation worse for themselves, as you would then be able to make a claim for unfair dismissal.
The best thing to do is just make sure you handle everything correctly and above board. You will need to inform your employer and/or your safety representative of the incident. If a workplace has more than 10 employees, employers are required to have an accident book by law and they will need to record the incident in this book. If you do not inform them of the injury then there could be a few hurdles in the way later down the line when it comes to making a claim.
Aside from this, we recommend seeking legal representation for your claim. The right solicitor could help you claim post traumatic stress disorder (PTSD) compensation. We will provide further details on this later in the guide.
Am I Eligible To Make A PTSD Personal Injury Claim?
Before going ahead and making a PTSD compensation claim, you should check that you have a strong case for PTSD compensation payouts. No one wants to waste their time and money on a service if they don’t actually have a leg to stand on. Therefore, you should consider the following to see if you are eligible.
Who caused the incident?
Who is responsible for the incident? You need to be able to prove that your suffering occurred as the result of someone else’s error or negligence. You cannot be fully at fault for the incident in question if you want to claim compensation. If you are partially to blame you still may be entitled to compensation. However, the amount will reflect the fact that you were partly responsible, and thus you will not receive as much compensation as you would if you were completely blameless.
When did the accident happen?
There is generally a three-year time limit on most personal injury cases. This is three years from the date of the incident. If your injury has occurred over time, which can be the case for PTSD, you will have three years from the date of the diagnosis instead, as it may be difficult to pinpoint an accident date.
Did you see a medical professional for your injuries?
Last but not least, it is vital that you have seen a doctor for your injuries. The medical report is the most crucial piece of evidence. It documents your injuries and the recommended treatment, which will be used to calculate the amount of compensation you will get.
Compensation For PTSD – Do I Need Evidence?
In order to make a successful 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:
- The contact details of those who witnessed the incident, or incidents, that led to you suffering PTSD
- Footage or other forms of recording of the incident
- Emails or documents that could show your concerns were not being fairly addressed
- Medical reports or notes from a therapist
Generally, a PTSD settlement offer in a UK claim can depend on the levels of distress the person claiming had suffered. Your evidence will likely influence your settlement offer.
How much you could receive in post traumatic stress disorder 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.
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.
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.
No Win No Fee PTSD Claim Solicitors
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 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 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.
Get in touch using the following details:
- Call 0161 696 9685
- Contact us online for a callback.
- Use our live webchat at the bottom of the screen.
Post Traumatic Stress Disorder Victim Support and Helpful Resources
MIND – PTSD – Information to support victims of PTSD
Post traumatic stress disorder (PTSD) and driving – The government website about PTSD and driving.
Work Related Stress Compensation Claims – Our guide on claiming compensation for work related stress.
Council or Local Authority Compensation Claims Guide – This guide explains how to claim against your local council.