Have you been diagnosed with post-traumatic stress disorder (PTSD) after an accident, an assault or witnessing a traumatic event? If you have, and somebody else…
Compensation for emotional distress
Find out if you can claim compensation for emotional distress following an accident or incident caused by someone else’s negligence.
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Can I claim compensation for emotional distress?
You are not only entitled to claim for physical injuries resulting from an accident. Compensation may also be available if you suffered emotional distress because of someone else’s negligence or wrongful act.
Emotional distress, including anxiety, depression and PTSD, can arise after severe accidents, medical negligence, assaults, harassment, and other situations involving a breach of duty. Compensation aims to recognise the impact on your mental health, work, relationships and overall well-being.
To check whether you can claim compensation for emotional distress, call 0800 470 0474 today for a free case assessment or use our contact form to request a call back.
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Table of Contents
What is a claim for emotional distress?
A claim for emotional distress is a type of personal injury claim where compensation is sought for psychological harm rather than (or in addition to) physical harm.
Minor upset, everyday stress, temporary grief or hurt feelings don’t typically qualify as psychological injuries. To have a valid compensation claim, the harm must usually be proven through medical evidence and significantly disrupt daily life, work and/or relationships.
What types of emotional distress qualify for compensation?
Examples of conditions that can lead to an emotional distress claim include:
- Post-traumatic stress disorder (PTSD) causing flashbacks, hypervigilance, avoidance behaviours, and nightmares.
- Anxiety disorders causing intense fear, panic, intense worry, difficulty concentrating and physical symptoms impacting work and daily life.
- Stress at work caused by excessive workloads, improper training, bullying, harassment, or impossible targets.
- Clinical depression that causes a persistent, overwhelming sense of sadness, emptiness or loss of enjoyment of life.
- Sleep disturbances and insomnia causing fatigue, mood changes, brain fog, headaches and other physical and cognitive symptoms.
In some cases, you may also be able to claim for distress and inconvenience caused by housing disrepair due to your landlord’s failure to meet their legal responsibilities.
Am I eligible to make a claim for emotional distress?
Yes. You may be entitled to claim compensation if someone else’s negligence caused you emotional distress, and the following can be proven:
- Another party (the defendant) owed you a legal duty of care.
- They breached that duty, causing you to experience or witness a traumatic event.
- You developed a recognised psychological injury as a direct result.
- You are within the legal time limit to claim.
A specialist personal injury solicitor can assess your case and advise you on your entitlement to compensation during a free consultation over the phone.
Who can I sue for emotional distress?
If another party owed you a duty of care and they breached it, causing you emotional distress, it may be possible to get compensation from them. This could be:
- A negligent driver in a road traffic accident
- An employer, for workplace accidents, stress, or harassment
- A business owner or occupier who failed to maintain safe premises
- A healthcare provider, such as the NHS, if the distress was caused by medical negligence
- The local council or another authority responsible for safety failures
Your claim is made against the defendant, but any compensation awarded to you will typically be paid by their insurer.
What accidents and incidents can cause emotional distress?
A claim for emotional harm can arise from many different types of events that involve severe physical trauma, chronic stress, the threat of death, or witnessing a horrific tragedy, including:
- Accidents resulting in severe physical harm, such as motor vehicle collisions, falls from height, machinery accidents at work, animal attacks or plane crashes.
- Cases of medical negligence, such as cancer misdiagnosis, anaesthetic awareness, surgical errors, severe birth injuries and never events.
- Verbal abuse, physical assaults, stress, bullying or harassment at work, at school, in care homes or at home, especially during childhood.
- Witnessing a violent crime, a fatal accident or the severe injury of a loved one, which can cause serious psychological trauma in some cases.
Even with minor injuries, the emotional and psychological impact can still be significant.
Can I claim for emotional distress caused by violent crimes?
Yes. You could be entitled to make a criminal injury claim if you suffered anxiety, depression or PTSD due to physical abuse, assault, rape, sexual abuse, an acid attack or other types of criminal acts.
Such claims are usually pursued through the Criminal Injuries Compensation Authority (CICA), rather than a standard personal injury claim against an individual or organisation. To qualify, the crime must usually have been reported to the police, and you must have cooperated with the investigation.
How do I make a claim for emotional distress?
There are a few steps you should take if you want to make a claim for emotional distress, which will help ensure you have the necessary evidence and legal support:
- Seek medical attention and obtain an official diagnosis from a GP, psychologist or psychiatrist.
- Gather evidence related to the incident that caused your condition, such as photos, witness contact details and CCTV footage.
- Where appropriate, report the incident to your employer, the responsible business owner or the police.
- Contact a specialist psychological injury solicitor for a free case assessment. They will explain your legal rights and advise whether you are eligible for compensation.
- Your solicitor may arrange a medical assessment with a psychiatric expert to prepare a detailed report on your condition, prognosis and long-term impact.
- If your case has a reasonable chance of success, your solicitor will send a formal letter of claim to the defendant detailing your allegations and the compensation sought.
- Most claims are settled through negotiations, but your solicitor may issue court proceedings if liability is denied or a fair settlement can’t be reached.
Your solicitor will provide legal advice and support at every step, making the claims process as stress-free as possible for you.
What evidence do I need for an emotional distress claim?
To make a successful claim for emotional distress, you need objective proof that the defendant’s actions directly caused your injury, as well as proof of the impact on your life.
Key types of evidence to support your claim include:
- Medical records from therapists, psychiatrists or psychologists confirming your diagnosis and ongoing counselling or therapy sessions.
- Doctor’s notes documenting symptoms such as insomnia, high blood pressure or headaches.
- Records of prescriptions for antidepressants, anti-anxiety medicine and other medications.
- A personal journal detailing your symptoms and their impact on your life.
- Any correspondence with medical professionals or loved ones reflecting the mental toll that the incident or harassment took on you.
- Photographs, CCTV footage, accident reports, or police reports documenting how the accident or incident that caused your emotional distress took place.
- Statements from witnesses to the accident or from colleagues, friends and family members describing your mood and behaviour.
- Employment records documenting missed workdays and decreased job performance.
- Proof of related financial losses and expenses.
The stronger your evidence, the more likely your claim is to succeed.
Can I claim emotional distress on behalf of a loved one?
Yes. If a loved one is suffering from a recognised psychological injury and cannot make a claim themselves, you can seek compensation on their behalf as a litigation friend.
You may be able to claim on behalf of a loved one if they are:
- A child under the age of 18.
- An adult who lacks the mental capacity to handle a claim because of their injury.
Can I claim emotional distress without a physical injury?
Yes. You may be able to claim compensation for emotional distress even if it was not caused or accompanied by a physical injury. Examples include workplace harassment, stress at work, ongoing mistreatment or psychological abuse, stalking or witnessing a traumatic event as a secondary victim.
A secondary victim is someone who suffers a diagnosable psychological injury, such as PTSD or anxiety, after witnessing a traumatic event, rather than being physically harmed themselves.
For a secondary victim to be entitled to compensation, the following criteria must usually be met:
- A close relationship with the primary victim
- They witnessed the accident or its immediate aftermath
- The emotional impact was due to the direct perception of the traumatic event
How much compensation can I get for emotional distress?
Each case is unique and may result in different emotional distress compensation amounts, depending on the type and severity of your condition.
Nonetheless, your claim will cover two types of damages:
- General damages cover the pain, suffering and loss of amenity caused by the emotional harm you suffered.
- Special damages cover related financial losses and expenses, including private medical treatments, prescriptions, and loss of earnings.
Compensation for psychological injury is assessed based on the type and severity of your condition, the prognosis and its effect on your work, relationships and daily life. Solicitors may refer to the Judicial College Guidelines when valuing general damages.
Your solicitor will help you claim fair compensation for your emotional suffering and all your related losses.
What is the time limit to claim for emotional distress?
Under the Limitation Act 1980, you typically have 3 years to claim emotional distress compensation, starting from the date of the accident or the date of knowledge.
There are, however, a few exceptions:
- If the claimant is under 18, the 3-year time limit only begins on their 18th birthday. A parent or another suitable adult can make a child injury claim on their behalf before that.
- The limitation period is suspended if the claimant cannot handle a claim due to their condition and only begins if they recover their mental capacity.
- There is usually a 2-year time limit to start a claim through the CICA for physical and psychological injuries caused by a criminal act.
It is best to start your claim as early as possible, so that evidence is preserved and you can build a strong case.
Can I make a no win no fee emotional distress claim?
Yes. If you are entitled to damages for emotional distress, a solicitor may represent you on a no win no fee basis. This means that:
- You don’t pay any legal fees upfront or while the case is ongoing.
- You don’t pay your solicitor for their work if your claim is unsuccessful.
- If you win, a capped success fee of up to 25% is deducted from your compensation.
This service allows you to pursue compensation for the harm caused to you without paying upfront legal fees.
Call 0800 470 0474 today or request a call back for a free consultation with a no win no fee solicitor. They will assess your eligibility and offer you free legal advice, with no obligation to proceed.
