When a person has experienced an injury due to another person’s failure to act according to the law, it can have disastrous consequences. Many people think of physical injuries when it comes to personal injury claims. However, mental injuries can be just as valid for starting a claim.
Post-Traumatic Stress Disorder (PTSD) can cause a lot of suffering and financial complications. The condition could result from a variety of scenarios, many of which may give grounds for a compensation claim.
In this guide, we define PTSD and explain when you could be eligible to claim PTSD compensation. Additionally, we look at some guideline compensation brackets and outline what your compensation could cover.
Furthermore, we include some case studies to help your understanding of how PTSD compensation claims work. Finally, we look at the process of a compensation claim and the services that our panel of No Win No Fee solicitors offer to help with eligible cases.
You can contact our advisors at any time if you wish to know more about how to claim compensation for post traumatic stress disorder. Their advice is offered free of charge and comes with no obligation to work with our panel. Get in touch to find out if you meet the eligibility requirements to claim. You could be able to start a claim with skilled legal representation offered without upfront fees:
- Call us on 0800 408 7825
- Submit an online contact form
- Use the live chat feature on this page
What Is Post Traumatic Stress Disorder (PTSD)?
Post-traumatic stress disorder (PTSD) refers to a condition which impacts a person’s mental health. It can be the result of events that were frightening, stressful, or distressing. Keep reading for more details on what could cause PTSD.
Common Causes
Many different events could cause PTSD. Examples include:
- Severe health conditions
- Serious road traffic accidents
- Childbirth experiences (especially if medical negligence has occurred)
- Violent assaults, including robbery, mugging or sexual assault
Complex PTSD
Complex PTSD is a form of PTSD that often forms due to repeated traumatic experiences, particularly during childhood. For example, it may be a result of childhood abuse.
If you have any questions about compensation claims for PTSD or complex PTSD, our advisors are on hand to help. They have experience in handling similar claims and can advise you on the next steps.
Am I Eligible To Make A PTSD Compensation Claim?
In order to be eligible for a psychological injury claim, you must be able to show that:
- A person or organisation owed a duty of care to you
- They breached their duty
- This caused you to suffer PTSD or exacerbated your condition
A duty of care refers to the responsibility of a person or organisation to act according to the laws in place to protect people from harm. For example, your employer owes a duty to you as an employee. They must take the necessary steps to make sure that you are reasonably safe in the workplace, according to the Health and Safety at Work etc. Act 1974 (HASAWA).
If you are not sure of your eligibility, we encourage you to contact our team of advisors. They offer free case assessments and can potentially connect you with a No Win No Fee solicitor. Get in touch today to find out if they could bring you one step closer towards gaining compensation for a PTSD claim.
How PTSD Claims Are Calculated
PTSD compensation can cover a variety of factors. Personal injury claims may include compensation for general damages and special damages.
General damages compensate you for the pain and suffering you have endured due to the incident. Legal professionals may use the Judicial College Guidelines when assessing general damages. This is a legal document that outlines compensation guidelines based on different types and severities of injury. We’ve provided a few figures from this document in the table below as well as a figure in the top row (not from the Judicial College Guidelines) to illustrate how you could be awarded compensation for multiple injuries and related out-of-pocket expenses.
It is important to note that these are only guidelines rather than a guarantee of the compensation you could receive. We recommend that you contact our advisors for a better compensation estimate. They can ask you about the various aspects of your compensation claim and tailor their advice accordingly. This case assessment is offered free of charge, and you are not required to work with our panel afterwards.
| Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple injuries with the associated financial costs | Severe | Up to £250,000 or over |
| PTSD | Severe | £73,050 to £122,850 |
| Moderately severe | £28,250 to £73,050 | |
| Moderate | £9,980 to £28,250 | |
| Less severe | £4,820 to £9,980 | |
| Psychiatric Damage Generally | Severe | £66,920 to £141,240 |
| Moderately severe | £23,270 to £66,920 | |
| Moderate | £7,150 to £23,270 | |
| Less severe | £1,880 to £7,150 |
Special Damages
Additionally, you may be eligible to claim special damages as part of your PTSD compensation. These compensate you for the financial losses resulting from your PTSD injury. Examples of what you could receive compensation for include:
- Lost earnings or income due to time taken off work for recovery
- The cost of travelling to and from medical appointments
- Payments for medical treatment, such as therapy
- Domestic support, such as with childcare or cleaning, while you recover
If you have any questions about what your compensation could cover, do not hesitate to contact our advisors. They can explain in further detail and determine whether you could be eligible to start a claim.
Case Studies – Examples Of Compensation Amounts
Below are some case studies to assist with your understanding of making a PTSD claim. They examine varied circumstances that could give rise to physical and psychological injuries. Please note that these are figurative case studies that are not based on real people.
£11,200 Compensation For PTSD Caused By Assault
Mr Wilmslow was a victim of a physical assault and attempted robbery on the street. He sustained physical injuries as the attacker hit him on the head several times after he told them he did not have money on his person.
He fully recovered from his head injury after two months. However, the psychological injuries that he suffered continued to impact his daily life. He worked as a teacher but had to take several weeks off to recover from the physical and psychological injuries.
Mr Wilmslow decided to start a criminal injury claim. He received a PTSD compensation award of £11,200. This included compensation for the pain and suffering caused by multiple injuries. These include minor head injuries and PTSD. Additionally, the compensation accounted for lost income due to time taken off work to recover and the cost of therapy.
£45,000 Compensation For Needlestick PTSD
Miss Banfield worked as a nurse in a hospital. While emptying a rubbish bin, a needle fell out and pierced the skin on her leg. This needle should have been disposed of in a specific bin, but it was placed in a general rubbish bin.
She did not sustain any physical injuries, and a doctor checked her straight away. However, she had to wait 24 hours for the result of a blood test to find out if she had contracted an infection.
Fortunately, the results confirmed that the needle injury had not infected her. However, when she attended work over the next week, she felt very uneasy. She suffered from extreme anxiety when working with needles and could not collect blood test results for her patients. She began to experience further symptoms of PTSD, including panic attacks and nightmares. She could no longer leave her home due to her psychological distress.
She took time off work and sought therapy to help recover from the mental injury. This had a severe financial impact on her. With the help of a No Win No Fee solicitor, Miss Banfield received £45,000 in PTSD compensation. This accounted for the pain and suffering she experienced due to the psychological injury, as well as the costs relating to therapy and lost income.
£56,000 Compensation For Less Severe Facial Scarring
Mrs Staple experienced a road traffic accident due to the negligent actions of another road user. A driver failed to stop at a red light, causing them to crash into Mrs Staple’s car. Her windscreen smashed, and small pieces of glass damaged the skin on her face. Her wounds healed, but she was left with less severe facial scarring,
Additionally, when she tried to drive to work over the next few months, she faced acute anxiety and fear. Whenever she got behind the wheel, she had vivid flashbacks to the incident and felt sure that she would experience another accident on the road. She struggled to sleep at night due to her worries.
Mrs Staple received £56,000 worth of compensation. This covered the pain and suffering relating to her facial scarring and PTSD. It also included special damages for lost income due to time taken off work to recover.
You can contact an advisor from our team if you have any questions about these case studies. They can discuss the details of your claim and explain whether you could be eligible to claim compensation.
How To Claim Compensation For PTSD
In order to start a claim for PTSD compensation, you will need to provide evidence and adhere to legal time limits. You may also wish to know how a solicitor from our panel could benefit your case. Keep reading to find out more information about the process of making a claim.
The Evidence You’ll Need To Support Your Claim
You will need evidence in order to prove your injury and the actions of the person who caused it. This could include:
- Photos, CCTV or dashcam footage of the incident
- The contact information of people who witnessed the incident (they could later be called upon to give a statement in support of your claim)
- A copy of your medical records or a letter from a psychologist
- A diary of your psychological symptoms and how they developed over time
- Bank statements or pay slips (if you had to take time off work due to injury)
- Receipts to show expenses you would like to recover under special damages (see our previous section)
- Accident reports- this could apply if you suffered an injury in the workplace
- Insurance and contact information from the other driver – this applies if you suffered your injury in a road traffic accident
If eligible, a solicitor from our panel could help you gather evidence to strengthen your compensation claim. You can contact our advisors to find out whether you can access this service.
Time Limits And How Long Your Claim Can Take
You will typically have a three-year time limit from the date of injury to start a PTSD claim. This is established by the Limitation Act 1980. However, exceptions may apply if a case involves:
- A person who does not have the mental capacity to make the decisions required of a claim
- A person who is under the age of eighteen
In such cases, a person may be eligible to claim on their behalf. If you would like further information about the evidence you will need for your claim or how the legal limit applies to your compensation claim, please get in touch with our team. They have experience in handling similar claims and can advise you on the next steps if you are eligible to proceed.
How Our Panel Of Solicitors Can Help You Claim
If you meet the eligibility criteria and would like to proceed with a PTSD claim, you may wish to consider working with a solicitor from our panel. They can offer great services to help with your claim. For example, they could:
- Review and assist with the collection of evidence to better strengthen your case
- Evaluate your compensation and the damages that it should cover
- Offer tailored advice to help you make informed decisions for your claim
- Use their years of experience to navigate the legal system efficiently and try to settle your claim outside of court
Furthermore, they can offer you a Conditional Fee Agreement (CFA). This type of No Win No Fee contract would mean that you are not required to pay fees for your solicitor’s work:
- Prior to the start of the claim
- While your claim is ongoing
- If your claim does not succeed
In the event that you receive PTSD compensation, you will then need to pay a success fee. This is a percentage of your compensation that your solicitor will deduct before you receive the rest. There is a legal cap in place to ensure that you receive the majority of the compensation owed.
We understand that deciding whether to proceed with a compensation claim can feel like a difficult decision. Why not get in touch with an advisor from our team for some free advice? They can assess your eligibility, estimate what your compensation could cover and potentially connect you with a No Win No Fee solicitor from our panel:
- Call us on 0800 408 7825
- Submit an online contact form
- Use the live chat feature on this page
More Information
You can read our other guides below:
- Learn how to start a claim for depression
- Find out about claiming for a catastrophic injury
- Read about claiming for paralysis
External resources:
- Review the NHS guidance on PTSD
- Read advice from Mind on PTSD
- Learn how to claim Statutory Sick Pay (SSP)
Thank you for reading our guide on how to claim PTSD compensation.
