If you are intending on making a personal injury claim for psychological damage sustained in an accident that wasn’t your fault, you may wonder what the next steps are. A psychological injury can impact your life in different ways, and if you’re eligible to make a claim for the harm you have suffered, compensation could be awarded to address these impacts. You could make a claim for a psychological injury alone, or with a physical injury.
In this guide, we explore when you could be eligible to make a personal injury claim by looking at the eligibility criteria that needs to be met. You can also find information on the duty of care owed to you in public, on the roads, and at work. We also look at some examples of how you could suffer psychological damage in an accident caused by a third party not upholding their duty of care.
Furthermore, we state what evidence should be gathered to prove your psychological damage claim and to prove how your injury affects your day-to-day life. Once this is discussed, we explain what factors are considered when compensation is being evaluated for a successful personal injury claim.
At the end of this guide is information on the benefits of working with a No Win No Fee solicitor from our panel and the terms under which they could provide their work.
Our advisors are available to provide free advice and guidance if you have any other questions about personal injury claims. Moreover, they can assess whether you have valid grounds to begin your claim. Talk to our advisors today by:
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- What Is A Personal Injury Claim For Psychological Damage?
- What Evidence Do I Need To Prove A Personal Injury Claim For Psychological Damage?
- How Much Compensation Do You Get For Psychological Damage In The UK?
- Start Your Personal Injury Claim For Psychological Damage On A No Win No Fee Basis
- Learn More About Psychological Injury Claims
When making a personal injury claim for psychological damage, proving that negligence occurred is important. Precisely, this means that to be eligible to claim, you must verify the following:
- You were owed a duty of care by a third party.
- A third party breached the duty of care by their actions or lack thereof.
- You suffered a psychological and/or physical injury because of this breach.
The next subsections discuss what duty of care is owed to you in different places and the legislation that needs to be adhered to. You can also find examples of how an accident leading to a mental injury could occur.
Accidents At Work
According to the Health and Safety at Work etc. Act 1974, employers owe all employees a duty of care while they’re working. This entails taking reasonable and practicable steps to ensure their safety.
Here is an example of how an employer could breach their duty of care and cause you to suffer psychological harm as an employee:
- Your colleague suffers fatal injuries after falling from a height in a ladder accident on a construction site after your employer instructed them to use the equipment whilst knowing it was faulty. Witnessing your colleague in a fatal accident incident triggers Post-Traumatic Stress Disorder (PTSD).
Road Traffic Accidents
All road users owe a duty of care to each other to use the roads safely and lawfully so as to prevent one another from experiencing harm or damage. The Road Traffic Act 1988 and The Highway Code must be followed in order for them to adhere to their duty of care.
An example of how a road user could breach their duty of care and cause you to suffer psychological harm whilst you are on the road includes:
- You and your passenger are in a head-on collision with another car because the other driver was under the influence of alcohol and swerved onto your side of the road. As a result, the passenger suffered fatal injuries. This leads to you experiencing depression and anxiety alongside the physical injuries you sustained, such as a damaged spinal cord,
Public Place Accidents
The Occupiers’ Liability Act 1957 states that anyone with control of a public space, known as the occupier, owes a duty of care to the public who uses their space for its intended reason. This means they should take steps to ensure the reasonable safety of those visiting and using the space for it’s intended purpose.
One example of how an occupier could breach their duty of care and cause you to suffer psychological harm in an accident in a public place includes:
- You slip, trip and fall in a supermarket since no wet floor signs were displayed to warn of a spillage, despite reports being made about the hazard. As a result, you suffer from brain damage from the impact of landing on your head. The experience of the accident means you also suffer a mental injury.
Please contact our team to discuss your specific case and find out whether you could make a personal injury claim for psychological damage.
In order to strengthen a personal injury claim for psychological damage, you must be able to prove third party negligence. Some examples of evidence can include:
- Medical records, such as X-ray scan copies and other test results.
- Video footage, such as dashcam after a road traffic accident or CCTV footage.
- Photographs of the accident and injury.
- Witness contact details so they can provide a statement later on.
Talk to our advisors today for more details about what other evidence you can gather for your psychological injury claim today. If you are connected to a solicitor from our panel, they can assist you with building a strong claim as part of their services.
After a successful personal injury claim for psychological damage, there may be up to two heads of loss included in your settlement.
General damages will compensate for the pain and suffering of the injury. As mentioned, you could claim for a psychological injury alone, or with a physical injury. Those who value this head of loss, can refer to the guideline compensation brackets found in the Judicial College Guidelines (JCG). The brackets in this document correspond to different injuries, organised by type and severity.
You can find a selection of these figures in the table below. However, the first entry is not from the JCG. Also, you should use these figures as a guide only as settlements can vary depending on the unique circumstances of each case.
|Guideline Compensation Bracket
|Multiple serious injuries and illnesses plus financial losses
|Up to £1,000,000+
|Severe psychological impact that causes life altering symptoms and/or severe injuries plus financial losses such as loss of employment and counselling and care costs.
|£324,600 to £403,990
|Lower body paralysis. Factors bearing on the award include age.
|Loss of both arms
|£240,790 to £300,000
|The person has full awareness of their injury and is therefore reduced to a state of considerable helplessness.
|£150,110 to £219,070
|A moderate to severe intellectual deficit, effect on the senses and personality, substantial epilepsy risk, and no employment prospects.
|£54,830 to £115,730
|Marked problems affecting different areas of the person's life, such as their ability to cope with life, work, and relationships with friends and family. The person has a very poor prognosis.
|Moderately severe (b)
|£19,070 to £54,830
|Significant problems with multiple areas of life but a better prognosis.
|£5,860 to £19,070
|There is marked improvement and a good prognosis.
|Post-Traumatic Stress Disorder
|£59,860 to £100,670
|All aspects in the injured person's life will be severely and negatively affected.
|Moderately severe (b)
|£23,150 to £59,860
|While there is still likely to be a significant disability for the foreseeable future, there is some recovery with professional help.
|£8,180 to £23,150
|A significant recovery will be made and lasting effects won't be grossly disabling.
Claiming Special Damages Compensation
You may also receive special damages. This compensates you for the financial losses that your psychological damage and/or any physical injuries have caused you. For example:
- Loss of earnings and future income.
- Medical costs, such as for private counselling.
- Travel expenses.
However, to prove your financial losses, you must keep receipts, invoices, payslips, and bank statements.
Talk to our advisors today for more information on personal injury compensation for psychological damage.
You can get in touch with our team for a free, no-obligation consultation to determine whether you’re eligible to proceed with your claim. If our advisors determine you have valid grounds to make a personal injury claim for psychological damage, and you choose to continue with our services, they could connect you to our panel of expert solicitors.
Our panel of solicitors offer a Conditional Fee Agreement (CFA), a type of No Win No Fee contract. There are several benefits of a CFA, including not having to pay your solicitor upfront or ongoing costs for their services. Additionally, you do not pay for your solicitor’s services if your claim fails.
If your claim is successful, your solicitor will take a percentage of your compensation as their success fee. You will still keep most of your compensation since the maximum this percentage can be has a legal cap.
If you would like to find out if you could be eligible to receive legal representation from our panel of No Win No Fee solicitors, reach out to our team today by:
More of our personal injury claim guides:
- Find out how to make a fatal accident at work claim and who could be eligible to seek compensation on behalf of a loved one.
- Read about the time limits for personal injury claims to find out how long you have to start legal proceedings.
- Learn how much compensation you can claim for a road traffic accident and more about the claims process.
- NHS – Read about different treatment for PTSD.
- GOV.UK – Information on whether you can receive Statutory Sick Pay.
- Health and Safety Executive – Work-related fatal injury statistics.
Contact our advisors today for more information on making a personal injury claim for psychological damage.