Compensation for PTSD
If you suffer from post-traumatic stress disorder and somebody else is at fault, you could be eligible to make a PTSD compensation claim.
How Much Could You Claim?

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 was at fault, you may be entitled to claim PTSD compensation.

PTSD is a debilitating condition that can develop after a traumatic experience or prolonged periods of extreme stress and fear. Aside from being mentally draining, it can have devasting effects on your health, work, relationships and daily life and lead to financial losses.

Call 0800 032 3660 today or enter your details into our online claim form to arrange a free claim assessment. This is an opportunity for you to discuss your case with an experienced solicitor and find out if you have a valid PTSD claim. During your consultation, you are free to ask any questions you may have about the claims process or how much compensation you may be entitled to receive.

What is Post Traumatic Stress Disorder?

Post traumatic stress disorder is a mental health condition caused by highly stressful or frightening events or experiences. Any situation that a person finds traumatic can lead to PTSD. For example, sufferers may have been exposed to prolonged distress during military combat. Or, they may have experienced a life-changing event such as a violent attack or emergency.

The symptoms of PTSD may become immediately apparent after the event that caused them. Other times, they might not reveal themselves until years later. For this reason, the symptoms might appear confusing or not linked to a specific occurrence. In the same way, they might last for a short period and then disappear, or more likely, they will be ongoing and present themselves for a long period.

While it is common to experience sleeplessness and anxiety after a traumatic event, these usually go away within a few weeks. When they persist or worsen, this may show that the person experiencing them suffers from PTSD and should seek medical attention. If left untreated, it can significantly impact all aspects of your life.

Approximately one in three people who undergo severe trauma may develop PTSD. The reasons why some individuals develop this condition while others do not remains unclear. Some risk factors may include:

  • Having suffered from depression or anxiety in the past
  • Not receiving enough support from friends or family
  • Having a parent that suffers from a mental health condition

What are the Symptoms of PTSD?

Post traumatic stress disorder can affect the sufferer and their family and friends in several ways. Some symptoms may be less severe and limited to nominal disturbed sleeping or avoiding some activities. But extreme and untreated PTSD can have personality-changing effects. These can include disconnection from social circles, inability to work and function and suicidal tendencies.

The signs and symptoms usually develop within the first month after a harrowing event. However, they can sometimes take months or even years to appear, and these can be constant, or they may come and go. Some of the most common symptoms presented in PTSD compensation claims include:

  • Intrusive Thoughts and Re-Experiencing. Repeated, distressing memories, flashbacks, or nightmares of the trauma;
  • Negative Changes in Mood and Thoughts. Feeling emotionally numb, detached, or losing interest in activities once enjoyed. Negative thoughts about oneself, others, or the world may also be present;
  • Increased Sensitivity. Feeling on edge, experiencing anger or irritability, and having difficulty concentrating or sleeping;
  • Emotional Reactivity. Experiencing intense emotions, mood swings, or outbursts of anger or irritability. Inability to be close to others, particularly immediate family and friends;
  • Hyperarousal. Always being on guard, easily startled, having difficulty relaxing, and aware of threats;
  • Avoidance of Reminders. Going out of the way to avoid people, places, or things associated with the traumatic event;
  • Negative Changes in Thinking and Mood. Persistent negative beliefs about oneself, others, or the world. Feeling like you have failed or are inadequate and having difficulty experiencing positive emotions;
  • Changes in Physical and Emotional Reactions. Being easily startled, feeling tense, having difficulty concentrating, and irritable;
  • Mental Health Problems. PTSD can also lead to several other problems like anxiety, depression and general low mood;
  • Self-Harm. Self-harming or destructive behaviour, such as drug misuse or alcohol misuse;
  • Physical Symptoms. Many people with PTSD experience other symptoms like muscle tension, aches and pains;
  • Changes in Sleeping and Eating Patterns. Difficulty falling asleep, staying asleep, or experiencing restless sleep. Nightmares, insomnia and restlessness during sleep are common. Changes in appetite and eating habits may also occur.

PTSD can also affect children, which may have similar symptoms to adults. They may lose interest in activities they once enjoyed and experience stomach aches and other physical symptoms. Other symptoms that are common in children include problematic behaviour and re-enacting the traumatic experience through play.

Failure to promptly address the symptoms of PTSD can result in heightened and worsening symptoms. As these intensify, they can amplify emotional distress, creating a distressing cycle of suffering for the person affected.

If you or a loved one have been diagnosed with PTSD, you might be able to claim against the responsible party. The PTSD compensation payout can help cover your medical and financial needs and help you get through this difficult time.

What events cause Post Traumatic Stress Disorder?

Many events could cause you to suffer PTSD. Many people associate the condition with the military, as the term was first used to describe the impact of the Vietnam War on soldiers. But this is not an illness that is specific to combat, and as such, many people suffer from PTSD as a result of other events.

Some of the most common situations for which solicitors have secured a PTSD compensation payout include:

  • Military combat situations. The constant threat to life while serving in the military can profoundly impact your mental well-being. The stress, fear, and emotional strain of combat can lead to a range of symptoms associated with PTSD. These include nightmares, heightened arousal, and difficulties with mood regulation.
  • Physical attacks. Besides suffering physical injuries, a violent attack can have a severe psychological impact. Such events can result in symptoms like flashbacks, hypervigilance and emotional distress. The Criminal Injuries Compensation Authority (CICA) is a government body set up to compensate blameless victims of crime and abuse.
  • Sexual assault. Survivors of sexual assault often experience intrusive thoughts, nightmares, flashbacks, and heightened anxiety. If you or someone you know has developed PTSD following a sexual assault, you could claim compensation through the CICA.
  • Road traffic accidents. Being involved in a road accident or even the fear of a potential accident can have a deep emotional impact. It can trigger symptoms such as anxiety, flashbacks and avoidance and affect all aspects of your life. If another party was at fault for the accident, you could claim compensation for PTSD.
  • Witnessing a traumatic event or emergency. Seeing a very upsetting event, like a fatal accident, can result in PTSD and cause nightmares, anxiety, and distress. If this has happened due to someone else’s negligence, you could be eligible for compensation.
  • Prolonged exposure to trauma. Experiencing ongoing mistreatment or abuse over a long time can lead to PTSD. This might bring symptoms like distress, anxiety, and troubling memories. If this has affected you, you might be eligible to make a PTSD compensation claim.
  • Accidents at work. Work-related accidents can sometimes lead to PTSD if they are particularly traumatic. These could include witnessing a severe injury or fatality, being involved in a brutal accident, or going through high-stress situations. If your employer has failed to protect your health and well-being, they may be liable in a PTSD claim.
  • Medical negligence. You may also experience a traumatic event while under the care of healthcare professionals. Medical negligence claims that involve PTSD may include surgical errors, traumatic experiences during childbirth or prescription errors that result in severe adverse effects.
  • Childhood trauma. This type of trauma can result from a wide range of events or circumstances that a child may experience, either directly or indirectly. These include physical, sexual or psychological abuse, neglect and witnessing domestic violence.

With the support of an expert medical team, injury solicitors are skilled at ensuring that whoever was liable for the cause of your PTSD is made accountable for their actions or inactions. They can help you make a claim and secure the PTSD compensation you deserve. To get started with a case or ask for some free legal advice, call 0800 032 3660 today or use our online claim form to request a call back.

How is PTSD diagnosed and treated?

After an accident, it is not unusual for victims to experience anxiety and stress in the weeks following the event. Often, these symptoms ease on their own within a couple of weeks without requiring medical attention. However, if they persist, this could indicate a more severe psychological issue, such as PTSD.

Consulting your GP is a good starting point for diagnosis. They will inquire about your symptoms to understand their nature and severity. If necessary, they may refer you to a mental health specialist for further evaluation, such as a psychologist, psychiatrist or psychological therapist. They may ask you to go through a period of active monitoring, which involves carefully tracking your symptoms to see if they improve or worsen.

PTSD is becoming more readily diagnosed, so treatments are becoming more widely accessible. Depending on the symptoms that are presented in individual cases, some of the most common forms of treatment for PTSD include:

  • Counselling. This approach involves talking to a trained therapist who can provide emotional support, guidance, and coping strategies. This way, individuals with PTSD can explore their feelings, thoughts, and experiences related to the traumatic event. The therapist helps them process their emotions, develop healthy ways to manage stress and work towards healing and recovery.
  • Mindfulness. It involves focusing on the present moment without judgment, allowing you to become more aware of your thoughts, feelings, and bodily sensations. Individuals learn to observe their reactions to triggers and stressors without becoming overwhelmed. That can help reduce the intensity of emotional responses and promote a sense of calm and acceptance.
  • Exposure therapy. Exposure therapy for PTSD involves gradually facing the memories, situations, or triggers related to the traumatic event in a controlled and safe environment. This process aims to reduce the distress and fear associated with these triggers and help you regain a sense of control over your reactions. Over time, repeated exposure to the feared stimuli can lead to decreased anxiety and emotional reactivity.
  • Group psychotherapy. This is a form of treatment for PTSD where individuals with similar experiences come together in a therapeutic setting. The group provides a safe space for members to share their thoughts, feelings, and experiences related to their trauma. This approach can foster a sense of belonging, understanding, and support among participants, helping them process their emotions and develop coping strategies.
  • Cognitive Behavioural Therapy (CBT). This form of therapy helps to tackle the negative thoughts associated with the traumatic event and helps you come to terms with the experience. It also supports you to gradually return to activities you may have avoided after the event, such as going back to driving after a road accident.
  • Medicines. Antidepressants like sertraline and paroxetine are typically used to aid recovery from PTSD. They are often prescribed along with psychological treatments and help ease depression and anxiety.
  • Eye movement desensitisation and reprocessing (EMDR). This approach entails vividly recalling the traumatic event while tracking the movement of your therapist’s finger with your eyes. That seems to alter how you perceive the distressing experience and change the negative thought patterns associated with the trauma.

Injury solicitors are skilled in achieving the highest levels of PTSD compensation available and will seek to include the costs of any required treatments in your final settlement offer.

Am I eligible to start a claim for PTSD?

PTSD claims used to be notoriously complex as it can be challenging to determine the cause of your symptoms and the liability of another party. That said, the awareness of the condition has vastly increased in recent years, and acceptance of claims have risen.

Expert solicitors have vast experience in this field, and they will be pleased to discuss the details of your case in a free initial consultation where they can assess and confirm your eligibility. As a general rule, a PTSD compensation claim should be possible if:

  • You have been diagnosed with the condition within the last three year
  • Your solicitor can demonstrate that a single event or cause was to blame
  • That was due to the negligence or wrongdoing of another party

You do not have to be too concerned about proving a duty of care. Your solicitor will check this for you by referring to the relevant legislation. Generally, you are owed a duty of care at work, on the road, in public places, while receiving medical assistance, or on a company’s premises. You can help prove liability and support your claim for PTSD by providing evidence of what you went through and how this has affected your life.

Evidence to support a PTSD claim

To be awarded PTSD compensation, you must have evidence that you were injured due to negligence. The proof you may collect will be specific to your circumstances and how you suffered the psychological injury. Here are some types of evidence that can support your PTSD claim:

  • Medical Records. These include any notes on your symptoms, treatment plans, and progress. Aside from your PTSD, you can also claim for any physical injuries you suffered. As such, diagnostic tests and records from a hospital or GP can help your case.
  • Diagnosis. A formal diagnosis of PTSD by a qualified mental health professional, such as a psychiatrist or psychologist, is a significant piece of evidence. It confirms that your symptoms meet the criteria for PTSD.
  • Treatment Records. Records of therapy sessions, counselling, or psychiatric treatment detailing your progress and response to treatment. These can provide insights into the severity of your condition and your prognosis.
  • Medication records. If you have been prescribed medications to manage your PTSD symptoms, keep records of the prescriptions and any related medical notes.
  • Therapist Statements. Statements from mental health professionals who have been treating you can describe your symptoms, progress, and the impact of the trauma on your well-being.
  • Witness Statements. Statements from friends, family members, or colleagues who have observed changes in your behaviour, mood, or functioning. If anyone saw how your accident happened, they can also help establish liability.
  • Incident Documentation. Any available documentation related to the traumatic event, such as accident or police reports, can help establish the cause of your PTSD.
  • Photographs or Videos. Visual evidence of the incident or its aftermath can provide additional context and support your claim.
  • Personal Statements. A detailed account of your experience, emotions, and the impact of the trauma on your life can be a powerful piece of evidence.
  • Financial losses. Keep all the documents related to the financial losses you suffered due to PTSD. These may include receipts, invoices, and records showing changes in your income.

Your solicitor will review any proof you already have and help you gather any other further evidence you may need to claim for PTSD. Once your case is ready, they will contact the defendant and inform them of your intentions to claim PTSD compensation. You can read more about the claims process in the section below.

How does a PTSD compensation claim work?

If you are thinking about making a PTSD compensation claim, you might want to know more about how the legal process. Although each personal injury claim is different, they follow some basic steps, which are detailed below:

  • Initial Evaluation. To begin your claim, reach out to an experienced legal adviser by calling 0800 032 3660 or requesting a call back for an initial conversation. That is completely free and without any obligation to proceed with a claim for PTSD. They will help you determine whether you have a valid case and provide guidance on the way forward.
  • Fact Gathering. If you decide to start a claim, the next phase involves collecting evidence to support it. Your solicitor will arrange for you to undergo a medical evaluation by an impartial medical professional. They will assess your injuries and suggest any necessary treatments.
  • Submit Your Claim. In this stage, your lawyer will contact the party you are claiming against and inform them about your case. They must send you a response stating whether they admit or deny liability.
  • Negotiations. Upon receiving a response from the defendant, your solicitor will engage in discussions with them or their representative. They will work hard to secure the best PTSD compensation on your behalf. If they deny liability or cannot settle, your case may proceed to court.
  • Resolution and Compensation. In the final stage of the claim process, you might receive a settlement offer, or your case could go to trial. If your PTSD claim is successful, you can expect to receive your compensation within four weeks.

The solicitors we work with are committed to making the whole process as straightforward and risk-free as possible for you. They will provide you with comprehensive guidance and unlimited advice at every step of the claim.

How much compensation can I claim for PTSD?

The PTSD compensation payout you may receive will depend upon the severity of your condition. As part of your claim, you will have a thorough assessment from an independent medical expert. This will help determine the extent of your symptoms and their impact on your daily life. The more severe your condition and impact on your life, the higher the compensation amount awarded is likely to be.

When negotiating how much PTSD compensation should be paid to you, your solicitor will ensure that the following are considered:

  • Any physical injuries caused by the accident you experienced
  • The extent of emotional suffering
  • The impact on family
  • The effect on your ability to socialise
  • The cost of required treatment
  • Whether you have suffered any loss of earnings
  • Whether your earning potential for the future has been affected
  • The cost of care and help with daily activities

The compensation for financial losses and expenses is calculated based on actual evidence, like receipts and wage slips. The award for pain, suffering and other non-financial damages often relies on guidelines provided by similar cases and the Judicial College Guidelines. According to these, you could receive the following amount of compensation award:

  • £3,950 – £8,180 for cases with complete recovery within two years
  • £8,180 – £23,150 if you have virtually recovered but minor symptoms may persist
  • £23,150 – £59,860 for moderately severe PTSD that affects your ability to function for the foreseeable future, but some recovery is possible with therapy
  • £59,860 – £100,670 for severe PTSD with permanent effects on all aspects of life

To discuss the details of your case during a free no-obligation consultation, call 0800 032 3660. If you have a valid claim, your solicitor will happily work on a No Win No Fee* basis. So, if they are unable to win PTSD compensation, you will not have to pay them a penny.

Post-traumatic stress disorder claim time limit

Under the Limitation Act 1980, there is a three-year time limit to start a claim for compensation, which begins from when the PTSD condition was diagnosed. You should carefully observe this deadline, as your case will become time-barred if you do not start legal proceedings within the time limit, and the court may no longer accept it.

There are several exceptions to this limitation date:

  • If a child under 18 has been diagnosed with PTSD, the time limit does not start until their 18th birthday. A parent or legal guardian could take action on their behalf in the meantime. Afterwards, the three-year would begin if they decide to claim themselves.
  • If the person lacks mental capacity, there is no time limit for a litigation friend to claim on their behalf. They could be incapacitated due to PTSD or another condition like an intellectual disability or traumatic brain injury.
  • There is a two-year time limit to claim through the CICA if you have been the victim of an assault, abuse or another violent crime.
  • Military personnel have seven years to claim PTSD compensation through the AFCS and three years to start a personal injury claim under civil law.

Regardless of your circumstances, you should seek legal advice as soon as possible. Starting your claim earlier will make it easier to gather evidence and talk to witnesses and will ensure you will not miss any deadlines.

Claiming PTSD compensation on behalf of someone else

If the claimant is a child under 18 or lacks mental capacity according to The Mental Capacity Act 2005, a suitable adult could claim on their behalf. That is usually a parent, partner, friend or family member. If you want to make a PTSD claim for a loved one, you must apply to the court to be appointed as their litigation friend.

As a litigation friend, you can make decisions on behalf of the injured person and will have several responsibilities, such as:

  • Deal with courts and solicitors
  • Make decisions about the claim
  • Sign documents and deal with correspondence
  • Pay any fees requested by the court
  • Consider settlement offers from the defendant

If you win PTSD compensation, the court will manage the funds until the child turns 18 or an incapacitated adult regains their mental capacity (if they do). You can make a request for early release of part of the compensation if you can prove this will be in the claimant’s best interest.

Can I make a claim for PTSD on a no win no fee basis?

The solicitors we work with will offer you a 100% no win no fee service if you have a valid post traumatic stress disorder claim. Under this arrangement, you do not have to pay any upfront fees for legal representation, which ensures everyone has access to justice, regardless of their financial situation.

Moreover, if your claim fails, you do not have to pay them a single penny. Your solicitor will only receive a success fee if they secure a PTSD compensation payout for you. This fee cannot be more than 25% of your settlement and will be discussed and agreed upon from the outset.

Your solicitor will also take out After the Event (ATE) insurance on your behalf, making sure you do not have to pay any legal costs and disbursements if your case fails, such as:

  • The other side’s legal expenses and solicitor fees
  • Court and counsel fees
  • Travel expenses related to the claim
  • Police and medical reports
  • Expert witness fees
  • Barrister fees if your claim goes to court

To find out if you have a valid claim and could pursue PTSD compensation on a no win no fee basis, call 0800 032 3660 today. An experienced legal adviser will offer a free consultation to discuss your case and options. Alternatively, you can enter your details into the contact form below to request a call back.

* Personal injury claims are offered on a no win, no fee basis. If your claim is successful, your solicitor will receive up to 25% of your compensation as their success fee. Any additional costs, such as legal protection insurance, will be clearly explained to you by your solicitor before you decide to proceed with your claim. Termination fees may apply if you fail to cooperate with your solicitor. This includes deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing.