By Megan Clearwater. Last Updated 22nd December 2022. If you suffer from post-traumatic stress disorder (PTSD) due to an incident caused by third-party negligence, you could be eligible to make a claim for compensation. There are a number of situations in which a third party owes you a duty of care.
PTSD claims guide
Throughout this article, we’ll explain what post-traumatic stress disorder is, and potential claim settlement figures for those who suffer from it. We will also explain the process of starting a claim for compensation if you’ve sustained this kind of injury because of negligence.
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Choose A Section
- What Is PTSD?
- Incidents That Could Cause Long-Term Trauma
- What Do I Need To Make A PTSD Claim?
- PTSD Compensation Examples
- What Does No Win No Fee Mean?
- Learn More About PTSD Claims
What Is PTSD?
Post-traumatic stress disorder is a type of anxiety disorder that is caused by living through distressing or traumatic events. It can manifest immediately or can begin to show symptoms weeks, months, or even years after the event. Symptoms of this condition can include panic attacks, insomnia, flashbacks, and nightmares.
Any situation that you find traumatic can cause PTSD. For example, if you survive a severe car accident, you might find that your mental health is impacted as a result. Or, if you suffer a sudden and traumatic injury at work, you may then develop Post Traumatic Stress Disorder that prevents you from returning to work.
PTSD Statistics
According to statistics published by the Health and Safety Executive (HSE), 822,000 workers suffered from stress, depression, or anxiety in 2020/21. It is estimated by the NHS that 1 in 3 people who suffer a traumatic experience go on to develop PTSD.
Contact our advisors today for free legal advice and help to start your claim. An advisor could connect you with a No Win No Fee solicitor from our panel to work on your claim.
Incidents That Could Cause Long-Term Trauma
As we mentioned above, any incident that you find traumatic can cause PTSD. We’ve compiled a list of potential situations that could cause long-term trauma, and lead to a claim for compensation.
- Severe road traffic accidents: The Road Traffic Act 1988 outlined each road user’s duty of care to each other and the Highway Code shows the ways that road users are expected to act and the hierarchy of responsibility. If you are involved in a road accident due to someone else breaching their duty of care, you could develop PTSD and you might be able to claim as a result.
- Serious accidents in public: The Occupier’s Liability Act 1957 outlines the duty of care owed to you by the owner of a public place you might be visiting; this can cover businesses as well as organisations like the local council. For example, if there is a fire in a supermarket and there are no working fire alarms, this is a breach of their duty of care. This means you could be eligible to claim for serious psychological injuries you might suffer following a life-threatening event like being trapped in a burning building.
- Traumatic injuries at work: According to the Health and Safety at Work etc. Act 1974 (HASAWA), your employer has a responsibility to take reasonably practicable steps to ensure your safety at work. If your employer breaches this duty of care and you suffer a traumatic injury as a result, you may be eligible to claim compensation for any mental injuries you suffer following the workplace accident.
Contact our team of advisors today to find out if a No Win No Fee solicitor from our panel can help you make your personal injury claim.
What Do I Need To Make A PTSD Claim?
To make a personal injury claim, you must be able to prove that a third party is at fault for your injury or illness. Because of this, it’s a good idea to start collecting evidence as soon as possible. If you choose to hire legal representation your solicitor can help you do this.
Below are some examples of how you could prove your personal injury claim:
- Medical records: Getting an official diagnosis of PTSD can ensure you get the help you need, but it also may help to support your claim.
- CCTV footage: You can request CCTV that you appear in; it could show the lead up to the accident happening which may corroborate your version of events.
- Witness statements: Ask anyone who might have witnessed the accident for their contact details. They could then be contacted later to provide witness statements.
- Get legal advice: Our advisors are on hand to offer free legal advice and help to start your claim; all you need to do is get in touch today. While it’s not a legal requirement, it could help the claims process feel easier than it would otherwise.
For more information on what evidence you could use to support your claim, speak with one of our advisors today.
PTSD Compensation Examples
Compensation for a PTSD claim could include both general and special damages. General damages compensate you for the pain and suffering your injury has caused you, as well as how it has impacted your quality of life.
Below, we have created a table to help you gain a clearer idea of how much you could receive following a successful claim for PTSD. The compensation examples listed have been taken from the 16th edition of the Judicial College Guidelines (JCG). This is a document used by many legal professionals when valuing claims, as it lists compensation brackets for various physical and psychological injuries.
It’s important to remember that when making a claim for PTSD, compensation amounts will vary from claim to claim. This is because the specific factors of your claim will affect how much you could receive. So, please only use this table as a guide.
| Injury | Notes | Amount |
|---|---|---|
| Severe Psychological Damage | A very poor prognosis, with the person struggling to cope with daily life and maintaining relationships. | £54,830 to £115,730 |
| Moderately Severe Psychological Damage | Despite a more optimistic prognosis, the person is still likely to significantly suffer. | £19,070 to £54,830 |
| Moderate Psychological Damage | A good prognosis with significant improvements made despite suffering with various issues. | £5,860 to £19,070 |
| Less Severe Psychological Damage | Various factors will be taken into consideration when awarding compensation, such as the length the person suffered for. | £1,540 to £5,860 |
| Severe PTSD | Permanent effects that prevent the injured person from working or living as they would have pre-trauma. | £59,860 to £100,670 |
| Moderately Severe PTSD | The person will suffer from a significant disability, however there is room for some recovery with help from a professional. | £23,150 to £59,860 |
| Moderate PTSD | Minimal to no grossly disabling effects with a larger recovery already been made. | £8,180 to £23,150 |
| Less Severe PTSD | Only minor symptoms persisting after a full recovery within one to two years. | £3,950 to £8,180 |
Additionally, your settlement may also consist of special damages. This compensates you for any financial losses you have accrued due to your injury, such as loss of earnings, or any medical costs if you had to pay for therapy. To help support your claim, you should provide evidence of these financial losses, such as payslips or bank statements.
Contact our advisors today if you have any questions about making a personal injury claim.
Read more about PTSD Claims Compensation Calculation.
What Does No Win No Fee Mean?
You do not need to hire legal representation to make a personal injury claim for PTSD, but a No Win No Fee solicitor can make the process feel less stressful. A solicitor can help you gather evidence, estimate how much your claim might be worth, and provide expert legal advice.
A No Win No Fee agreement means you will not pay any upfront or ongoing fees to your solicitor. If your claim succeeds, your solicitor will take a previously agreed percentage of your award as a success fee.
This amount is capped by law to ensure that you get the majority of your compensation. However, if your claim is unsuccessful, you will not have to pay anything to your solicitor.
Our panel of No Win No Fee solicitors are on hand to help you start your personal injury claim now. Get in touch with our team for free legal advice.
Discuss Your PTSD Claim With Us
Our team of expert advisors are on hand to help you with your PTSD claim. Get in touch today by:
- Calling the number at the top of the screen
- Use the live chat feature in the corner
- Writing to us through our online form
Frequently Asked Questions
PTSD Compensation Amounts – What Are The Claim Time Limits?
If you’re eligible to make a claim for PTSD, it’s necessary that you start a claim within three years from the accident or from when you were diagnosed. This is per the Limitation Act 1980.
If someone is underage or does not have full mental capacity, it is still possible to make a claim for compensation for PTSD on their behalf, though they are barred from representing themselves in legal proceedings.
The time limit is suspended in these instances, and during this period, a litigation friend can act on their behalf.
When/if the claimant regains mental capacity, or turns 18, they would have the usual 3 years to start a claim if one has not already been started.
How Much Compensation For PTSD After A Car Accident?
You might wonder how much compensation for PTSD after a car accident you could receive. Whilst we featured PTSD compensation amounts in a previous section of this article, you may be seeking a more personalised estimation.
For a more accurate estimation for compensation for PTSD, you can get in touch with our advisors. They could even connect you with a solicitor from our panel if they think your claim has a good chance of success.
Learn More About PTSD Claims
If this information has been helpful, you might also be interested in our articles on:
- Time limits in personal injury claims
- Fatal car accident claims
- Personal Injury FAQs
Or, for more helpful resources, try:
- GOV.UK – Requesting CCTV footage
- MIND – What is PTSD?
- THINK – Advice for road users
Thank you for reading our guide on claiming for PTSD.
