PTSD Compensation Claims
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…
Read moreClaim compensation for mental health injuries
If you have suffered a mental health injury due to somebody else’s negligence, we can help you make a mental health compensation claim with a No Win No Fee service.
- Get free impartial advice with no obligation
- A risk-free, No Win No Fee service
- Experienced solicitors available nationwide
We are a claims management company regulated by the Financial Conduct Authority.
Mental Health Claims
Mental health injuries can impact your work and daily activities, and can severely affect your overall well-being and quality of life. If you suffered mental harm because of someone else’s negligence, you may be eligible to make a mental health claim.
Situations leading to such claims include road traffic accidents, workplace incidents, criminal assaults and clinical negligence. Compensation for mental injuries will cover your pain and suffering, as well as related financial losses, such as lost wages.
To find out if you may be able to make a mental health compensation claim, call 0800 470 0474 today or use our online claim form to request a callback. You will receive a free consultation with an experienced solicitor and will be under no obligation to proceed.
Key points about mental health claims
- Am I entitled to claim?
You may be entitled to claim if your mental health condition was caused or worsened by negligence, trauma or a workplace incident. - Who could be at fault?
An employer, organisation, or medical professional may be liable if they failed in their duty of care. - How long do I have?
The general time limit is 3 years, although it may be extended in cases involving psychological trauma. - How much is my claim worth?
The amount depends on the impact on your daily life, your ability to work, and the severity of your condition. - Will I have to pay legal fees?
Under a no win, no fee agreement, you won’t pay anything unless your claim succeeds.
If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Table of Contents
What is a mental health injury claim?
A mental health claim is a type of personal injury claim that you can initiate if you or a loved one suffered emotional or psychological harm because of someone else’s negligence.
Mental health injuries that may form the basis of a claim include conditions such as:
- Post-traumatic stress disorder (PTSD).
- Anxiety disorders.
- Depression.
- Insomnia.
- Embarrassment and loss of self-esteem.
- Psychosomatic disorders.
Mental health injuries can result from various situations, such as serious accidents, criminal assaults, medical negligence or witnessing a traumatic event.
Can I make a mental health claim?
Yes, you will be able to claim compensation for a mental health injury if the following criteria apply to your case:
- Another party, which is the defendant in your case, owed you a duty of care.
- They breached this duty of care and caused you harm.
- You were diagnosed with a mental health condition because of the defendant’s negligence.
- You are within the legal time limit to start a claim.
The easiest way to find out if you have grounds for a claim is through a free consultation over the phone with an experienced personal injury solicitor.
Who is liable for compensation in mental health cases?
Liability for mental health personal injury cases will depend on who owed you a duty of care and whose negligence caused your psychological harm. For example, the defendant in your claim could be:
- An employer who failed to comply with the Health and Safety at Work Act 1974.
- A driver who caused a road traffic accident by driving carelessly or recklessly.
- A healthcare professional, if you received substandard care that affected your mental health.
- The Criminal Injuries Compensation Authority (CICA), if you suffered harm following a criminal assault or abuse.
- A property owner who failed to secure their premises as required by the Occupiers Liability Act 1957.
Your solicitor will be able to determine who your claim will be against and how much compensation you are entitled to for your pain and suffering.
What is the time limit to claim mental health compensation?
Under the Limitation Act 1980, you have three years to start a mental health compensation claim once your condition is diagnosed by a healthcare specialist (the date of knowledge).
A few exceptions might apply to your case:
- A parent or legal guardian can start a child injury claim at any time before their 18th birthday. Afterwards, the child has until they turn 21 to claim if no one has claimed on their behalf.
- If the claimant does not have the mental capacity to manage a claim for psychological damage, the time limit is put on hold. In this case, a litigation friend could represent them at any time.
- You have two years to start your claim if you were the victim of a violent crime and want to seek compensation through the CICA.
How do I make a psychological injury compensation claim?
There are a few steps you should take if you want to make a personal injury claim for psychological harm:
Seek medical help
Your health comes first. Speak to your GP, a psychologist, or a psychiatrist as soon as possible. A formal diagnosis is essential, as compensation can only be claimed for recognised psychiatric injuries.
Get legal advice
A mental health claims solicitor will offer you a free initial consultation to discuss your case. They will be able to assess liability and guide you through the process of making a claim.
Gather supporting evidence
Your solicitor will help you gather the evidence you need to prove liability and the damages you suffered, which could include:
- Medical records detailing your diagnosis and any therapy or medication you received.
- A report from a mental health professional confirming the extent of your injury and its impact on your life.
- Statements from witnesses to your accident or loved ones who saw the impact on your life.
- A copy of an accident report filed with the responsible party or a police report, if applicable.
- Pictures, videos or CCTV footage of the accident and any physical injuries you suffered.
- Employment records showing any changes in your work performance.
- Financial records detailing the losses incurred due to your injury.
Negotiations or court proceedings
Your solicitor will send a formal letter of claim to the defendant. If they accept liability, your legal representative will negotiate the best mental health compensation payout on your behalf.
If the other side denies liability, your lawyer will issue court proceedings and be prepared to argue your case before a judge if necessary.
How much is a mental health compensation claim worth?
The amount of compensation you could receive for a psychiatric injury claim will depend on your specific case. Your mental health solicitor will calculate the amount you are entitled to based on two types of damages:
- General damages refer to compensation for non-monetary losses such as pain, suffering, reduced quality of life or loss of enjoyment.
- Special damages, on the other hand, cover specific financial losses incurred due to the physical and mental health injury. These could be therapy costs, medical expenses, care costs and lost wages if you had to take time off work.
According to the guidelines from the Judicial College, you could receive between £1,880 and £141,240 for mental health issues, depending on their severity.
Will a solicitor offer me a No Win No Fee service for a mental health claim?
If you have a valid mental health injury claim following an accident or negligence, your solicitor will offer you a no win no fee agreement. You will not have to pay anything upfront, and your solicitor will only take a success fee if they win your case. If you don’t make a successful claim, you do not have to pay them a single penny.
What accidents could cause a mental health injury?
Accidents that could lead to a psychological injury and mental health compensation claim include, but are not limited to:
- Workplace accidents. Severe falls from a height or machinery accidents, as well as work-related stress, can result in mental health issues like anxiety, depression, or PTSD.
- Road traffic accidents. Car, motorcycle, and pedestrian accidents can cause significant trauma, especially if there are life-changing injuries or fatalities.
- Violent crimes. Physical assaults, robberies, sexual abuse and other criminal acts can leave lasting emotional scars, including anxiety, fear, and PTSD.
- Slips, trips and falls. Such accidents, whether at home, in public places, or at work, can also result in mental health injuries.
- Medical negligence. Surgical errors, misdiagnosis of cancer and substandard treatment can also lead to anxiety, depression, or trust issues.
- Sports injuries. Severe sports injuries that may result in long-term disabilities or chronic pain can have a significant impact on mental health.
- Dog bites. Being attacked by a dog can be very traumatic and can cause long-term issues like anxiety and PTSD.
- Military accidents. Combat trauma, friendly fire incidents, accidents during training and other hardships within the military can severely affect a person’s mental health.
Can I claim compensation for poor mental health care?
Although the medical treatment offered by healthcare professionals is typically of a high standard, it can sometimes fall short. In such cases, you may be eligible to make a medical negligence claim against your GP or another doctor who was negligent and caused avoidable harm or worsened your condition.
Some circumstances that may lead to a mental health negligence claim include:
- Misdiagnosis of a mental health condition leading to deterioration.
- Neglect or abuse in mental health facilities.
- Failure to provide adequate therapy or counselling.
- A traumatic event, such as anaesthetic awareness.
- Excessive delays in referral for mental health treatment.
- Suffering a life-changing injury due to the negligence of a healthcare professional.
- Errors in prescribing medications for a mental health condition.
- Breaches of patient confidentiality, informed consent, or other legal or ethical standards.
Can I claim for psychological damage at work?
Under the Health and Safety at Work Act 1974, the Equality Act 2010 and other relevant legislation, your employer must take all reasonable measures to protect your safety and well-being at work. If they fail to do so, you have the right to claim compensation for any resulting injuries, including psychological harm.
Accident at work claims for mental health compensation may arise from:
- Workplace stress. According to statistics from YouGov, more than half of British workers feel stressed at work. That can be due to excessive workloads, tight deadlines, long hours, or a lack of support.
- Bullying and harassment. Persistent bullying, harassment, discrimination, or hostile work environments can lead to psychological harm. Employees may develop anxiety, low self-esteem, and other mental health issues.
- Traumatic events. Witnessing or experiencing severe accidents or fatalities at work can cause psychiatric injuries such as PTSD and acute stress disorder.
- Discrimination. Discrimination based on factors such as race, gender, age, disability, or sexual orientation can have a significant impact on mental health. It can lead to conditions like depression, anxiety, or emotional distress.
Your employer cannot sack you, discipline you, or treat you unfairly following your claim. If they do, you can make a further claim at an employment tribunal under unfair dismissal laws.
Frequently asked questions
If you have further questions about making a mental health injury claim, please refer to the section below, where we have answered some of the most common ones we receive from claimants. Alternatively, you can call 0800 470 0474 or use our online contact form to get in touch with a solicitor and talk about your case during a free consultation.
Mental health injuries can significantly impact your quality of life, relationships, and ability to function in daily activities and manifest through symptoms such as:
- Persistent sadness or feelings of hopelessness.
- Excessive worry, anxiety, or fear.
- Irritability or mood swings.
- Difficulty concentrating or making decisions.
- Changes in appetite or sleep patterns.
- Fatigue or lack of energy.
- Emotional numbing and withdrawal from social activities.
- Thoughts of suicide or self-harm.
- Difficulty coping with stress or everyday tasks.
- Physical symptoms such as headaches, stomach aches, or muscle tension.
- Intrusive thoughts or memories related to the traumatic event.
- Alcohol or substance abuse.
A medical professional will diagnose your condition and decide on a treatment plan based on your symptoms. The most common therapy approaches for mental health care include:
- Medication such as mood stabilisers and antidepressants;
- Relaxation techniques and regular exercise;
- Participating in support groups with others who have had similar experiences;
- Talk therapy to explore your thoughts, feelings, and behaviours and develop coping strategies;
- Cognitive-behavioural therapy (CBT) to change negative thought patterns and behaviours;
- In more severe cases, victims can benefit from short-term hospitalisation in a psychiatric facility.
If you suffered a mental health injury due to witnessing or being exposed to a traumatic event experienced by another person, you could still make a compensation claim. To be able to make a claim, you must meet the following conditions:
- The primary victim is someone very close to you, such as a family member or partner.
- You were at the scene of the accident or witnessed its immediate aftermath.
- The accident was due to someone else’s fault.
If you meet these criteria, a personal injury solicitor can help you make a mental health claim and get the compensation you deserve for your pain and suffering.
If a loved one suffers from mental health problems due to someone else’s negligence, you could claim compensation on their behalf. As a general rule, you could make a psychological injury claim for a loved one if they are a child under 18 or an adult who is classified as a protected party under the Mental Capacity Act 2005.
To claim on their behalf, your solicitor will help you apply to the court to be named as their litigation friend. Once appointed, you will have certain responsibilities, such as making decisions about the case and considering any settlement offers from the defendant while keeping the claimant’s best interests in mind.
To find out if you can make a no win no fee mental health claim or if you have any other questions about the claims process, please feel free to call us on 0800 470 0474. You can also enter your details into our online form to request a consultation with a friendly legal adviser.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
