How To Claim Compensation For Anxiety After A Car Accident

By Danielle Graves. Last Updated 12th January 2024. This guide on road traffic accident claims will tell you how much compensation for anxiety after a car accident it’s possible to recover.

While a large proportion of claims tend to be for physical injuries, you could also make a claim for psychological and emotional trauma following a car accident. This would include if you were made to suffer depression, Post-Traumatic Stress Disorder (PTSD) or anxiety after a car accident, you could make a personal injury claim to compensate you in your difficult time against a responsible party.

Call us today for a free, no-obligation consultation on how much compensation you could get for anxiety after a car accident. If you have concerns about how to recover from the psychological effects of a car accident, our expert team could help.

Our panel of experienced solicitors have up to thirty years of experience in representing victims of third-party negligence, and they will represent you on a No Win No Fee basis once it has been determined you have strong grounds to seek compensation.

If you have any questions about your potential claim, or you require further information about anxiety compensation, contact an expert from our team on 0800 652 3087. Our lines are open 24 hours a day. 7 days a week.

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Compensation For Stress And Anxiety In The UK

If you’ve suffered due to a car accident, you may like to know how compensation is calculated. Personal injury claims have two potential heads: general damages and special damages.

Firstly, general damages cover your pain and suffering. It includes payouts for physical injuries as well as psychological injuries, such as anxiety. Your award may include compensation for multiple injuries. For example, your general damages may include PTSD as well as fractured bone compensation. When legal professionals assign value to this head, they may use the Judicial College Guidelines (JCG) to help them. We explore this later in this article.

In our table below, we look at a few figures from the 16th edition of the JCG and examples of the whiplash tariffs from the Whiplash Injury Regulations. We’ve also included a figure in the top row that isn’t from the Injury Regulations or JCG. It is included to show you how you could be compensated for multiple severe injuries and incurred costs.

Multiple Severe Injuries and Related ExpensesVery SeriousUp to £250,000+Settlements may include compensation for more than one injury of severe natures and related expenses such as lost wages and prescriptions costs.
General psychiatric harmSevere£54,830 to £115,730Little chance of recovering from an inability to cope.
General psychiatric harmModerately Severe£19,070 to £54,830Significant problems coping but with a chance of recovery.
General psychiatric harmModerate£5,860 to £19,070Improvements and a good future, but symptoms associated with difficulties coping with life experienced.
General psychiatric harmLess severe£1,540 to £5,860A period of disability impacting lifestyle and sleep.
Post-Traumatic Stress DisorderSevere£59,860 to £100,670A severe case of PTSD will involve effects with prevent the victim from working, functioning and other such daily activities without approaching pre-trauma. These symptoms will be permanent.
Post-Traumatic Stress DisorderModerately Severe£23,150 to £59,860Unlike the above prognosis, the victim will have some hope in recovery with professional help. However, despite this better prognosis, the severity of this injury will still cause significant disability.
Post-Traumatic Stress DisorderModerate£8,180 to £23,150The victim will largely recover from a moderate case of PTSD and any effects with continuate will not grossly disable the victim.
Post-Traumatic Stress DisorderLess Severe£3,950 to £8,180In less severe cases of post-traumatic stress disorder, a virtually full recovery will be likely within one to two years. Further from this, only minor symptoms will persist for any longer period.
Whiplash Tariff£4,345The claimant has suffered a whiplash injury and a psychological injury that lasts 18-24 months.
Whiplash Tariff£4,215The claimant has suffered a whiplash injury that lasts 18-24 months.

Special damages won’t be included in every personal injury claim. If you incurred any costs as a direct result of your injuries, you could recover them under this head. However, you could be asked for evidence. For example, if you would like to recover any loss of earnings for time off work, you might be asked for your payslips.

As part of your compensation for stress and anxiety in the UK, you might be able to recover costs related to:

  • Therapy.
  • Prescriptions.
  • Travel.
  • Home help and support, such as a carer.

Our advisors can answer your questions about compensation for anxiety as part of your claim for a car accident. Additionally, they can give you a free estimation of your compensation.

The Whiplash Injury Regulations 2021

On May 31st 2021, the Whiplash Injury Regulations 2021 came into effect. Now, for drivers and passengers aged 18 or above, if your injuries are valued at £5,000 or less, your claim will be made through the Government’s new tariff-based system.

However, we recommend you contact our advisors first to find out how much your injuries could be worth, as you could be undervaluing your injury.

To find out how much your claim could be worth, and if you’re eligible to make a whiplash and anxiety claim with the help of our panel of solicitors, contact our advisors today.

Am I Eligible To Claim For Anxiety Attacks After A Car Accident?

If you have suffered from anxiety attacks after a car accident, you may be wondering whether you could claim compensation. A car accident can have an adverse effect on your mental health, and can result in conditions like PTSD, anxiety, and depression, all of which could cause panic and anxiety attacks.

In order to form the basis of a valid car accident anxiety compensation claim, you must be able to establish negligence. To do so, you must be able to prove that:

  •   The other road user owed you a duty of care.
  •   They breached this duty.
  •   As a result, you were injured.

Under the Road Traffic Act 1988, road users have a duty of care to use the roads in a way to avoid causing harm to themselves and others. Furthermore, they must adhere to the rules set out for them in the Highway Code to promote road safety. If another road user fails to fulfil this duty of care, causing an accident that results in you suffering harm, then you may be able to make a claim.

Contact our team of advisors today to find out if you could be eligible to make a claim for compensation for anxiety after a car accident.

Physically and mentally injured passenger next to an unconscious driver.

Anxiety After A Car Accident – How Long You Have To Claim

If you are eligible to make a claim for anxiety after a car accident, you must initiate legal proceedings before the time limit for personal injury claims set out by the Limitation Act 1980 expires. This is typically three years from the date of the accident that caused the damage to your mental health.

However, in certain circumstances, there are exceptions to this limitation period. These include:

  • Those under the age of 18 have the time limit paused until they turn 18. Before this, a court-appointed litigation friend can launch a claim on their behalf. However, if they turn 18 and the legal process wasn’t started for them, they will have three years from the date of their 18th birthday to seek compensation for anxiety or PTSD after a car accident.
  • Those without the mental capacity to launch their own claim have an indefinite suspension applied to the limitation period. During this time, a litigation friend can act on their behalf. However, if a claim has not already been filed for them and they regain this mental capacity, they will have three years from the date of this recovery to start the claiming process.

If you would like to know more about the limitation period or find out how much compensation for anxiety after a car accident you could claim, speak with an advisor from our team.

Damaged front of vehicle from a road traffic accident.

What Should I Do If I Suffered A Psychological Injury After A Car Accident?

If you would like to make a claim for your psychological injuries, you will need to obtain evidence. A few steps you could take following a road traffic accident to support your case include:

  • Noting witness contact details. Any witnesses to the car accident can be contacted later in the claims process for a statement.
  • Seeking medical attention. You can submit your medical records with details of the nature of your mental trauma and any physical injuries you are claiming compensation for.
  • Reporting the collision. If you are involved in an accident that results in damage to property or an injury and you do not give your name and address at the time of the incident, you must report it to the police within 24 hours as stated in Rule 286 of the Highway Code.
  • Collecting photographs or videos. For example, accident footage or pictures of the damage to your vehicle.

If you would like help collecting evidence or would like to know how much compensation for anxiety after a car accident you could be eligible for, speak with a member of our advisory team.

Claim For Anxiety After A Car Accident With A No Win No Fee Solicitor

If you suffered a mental health injury due to a road traffic accident, you might be eligible for car accident anxiety compensation. You may wish to have a solicitor to support your claim. A No Win No Fee solicitor could provide their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.

A No Win No Fee solicitor typically won’t ask you to pay upfront for their services. They usually don’t ask you to pay ongoing fees either. If your solicitor is successful, they will take a success fee from your award. The Conditional Fee Agreements Order 2013 limits this amount. If your claim is not successful, they usually won’t ask you to pay for their services.

If you suffer from anxiety attacks after a car accident, get in touch with our advisors. They can assess the eligibility of your claim and if it seems valid, you could be put in touch with one of the solicitors from our panel. Our solicitors usually offer their services under a No Win No Fee arrangement.

To talk to us about starting a claim for your anxiety after a car accident:

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Mental Health And Claims Guides

Check out more of our car accident claims guides below:

Thanks for reading our guide on how much compensation for anxiety after a car accident it’s possible to claim for.

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