Do you suffer from post-traumatic stress disorder (PTSD)? Was this caused by third-party negligence? If so, you may be entitled to make a PTSD claim.
PTSD can be a debilitating mental illness and can prevent you from doing everyday activities. It can detrimentally impact your physical and mental health. In some cases, you may be left to deal with symptoms permanently with a poor prognosis for recovery.
If you’d like to know whether you have a valid PTSD claim, we encourage you to talk to our advisors today. They can help understand whether you have a strong foundation for your case and may put you in touch with our panel of expert No Win No Fee lawyers. Get in touch with our advisors today by:
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- What Is A PTSD Claim?
- What Could Cause PTSD?
- Symptoms Of Post Traumatic Stress Disorder
- Diagnosis And Treatment Of PTSD
- PTSD Claim Calculator
- Can I Make A PTSD Claim
A PTSD claim is any personal injury claim whereby another party’s negligence has resulted in you sustaining post-traumatic stress disorder. Negligence describes the act of an individual breaching their duty of care, meaning they failed in their responsibility towards your safety.
There are a number of different pieces of legislation that outline the duty of care you’re owed. For example:
- Health and Safety at Work etc. Act 1974 (HASAWA)- This states that your employer must take reasonably practicable steps to ensure your safety in the workplace.
- Road Traffic Act 1988 (RTA)- This outlines the duty of care that all road users owe one another to prevent accidents that cause injury on the road.
- Occupiers’ Liability Act 1957 (OLA)- This Act states that the party in control of a space is responsible for the safety of those who use the space for the intended purpose.
What Is Post Traumatic Stress Disorder?
According to the NHS, PTSD is an anxiety disorder caused by an event that was traumatic or stressful. It involves the individual mentally reliving the triggering event, resulting in possible recurring negative feelings.
This condition may cause severe problems with sleep and concentration that have a subsequent impact on the person’s ability to cope with daily life.
As previously stated PTSD is a mental disorder that can arise after a traumatic event. There are many circumstances in which you could experience trauma that could lead to PTSD.
In order for you to be eligible to claim, it is essential that you prove your PTSD was caused by a third party breaching their duty of care, directly resulting in your injury. We look at how this could happen below:
Accidents can take place in the workplace that can lead to PTSD; if your employer’s negligence led to your injury then you may have a valid claim.
For example, your employer could fail to maintain equipment, machinery and tools to an adequate standard, which endangers workers. A broken emergency stop button could result in a crush injury to your arm.
On The Road
On the road, all road users owe one another a duty of care. This is set out in the RTA, and the Highway Code outlines the steps that should be taken to ensure the safety of other drivers, passengers, riders and pedestrians.
In public places, you are owed a duty of care by the occupier, which is the person in charge of the space. They should ensure your safety by reducing and removing hazards and making visitors aware of a hazard that cannot be reduced or removed.
For example, you could be in a shopping centre where there is a broken railing on the second floor. As a result, you slip and fall to the ground and sustain a psychological injury as well as physical injuries as a result.
Contact our advisors today to find out whether you have a valid PTSD claim.
The value of your PTSD claim will, in part, depend on the severity of your symptoms and how they’ve affected your quality of life. Some symptoms of PTSD can include:
- Insomnia or sleeplessness
- Nightmares and flashbacks
- Lack of concentration
If you have started to experience these symptoms after a traumatic accident, you should seek medical attention. Our advisors can let you know whether you have a valid PTSD claim.
Once a medical professional has diagnosed you with PTSD, you may be offered treatment to alleviate the symptoms.
According to the NHS, the following treatment kinds might be appropriate:
- Monitoring your symptoms to see if they improve or worsen without medical intervention.
- Medication, such as antidepressants.
- Therapy, such as cognitive behavioural therapy (CBT) or eye movement desensitisation and reprocessing (EMDR).
If you have to pay for any treatment you need, for example, therapy sessions that are not available on the NHS or prescription costs for medication, then you could receive this back. Read on to see how a PTSD claim could be calculated.
As part of a successful PTSD claim, you will receive general damages and may receive special damages. The Judicial College Guidelines (JCG) publishes potential brackets of compensation amounts for general damages encompassing the pain anb suffering caused by your injury. The amount awarded can depend on the type of injury sustained and how severe it is.
The below table shows possible brackets for PTSD compensation amounts published in the 16th edition of the JCG from 2022:
Injury Compensation Notes
Severe general psychological damage (a) £54,830 to £115,730 The injured person will have severe problems with mulitple factors including coping skills, employability, education and relationships.
Moderately severe general psychological damage (b) £19,070 to £54,830 Substantial problems, but a more optimistic prognosis than applies in more serious cases.
Moderate general psychological damage (c) £5,860 to £19,070 Where there may be some problems with above factors, however the prognosis will be good and improvement will be expected or have been made.
Less severe general psychological damage (d) £1,540 to £5,860 The level of the award considers the period of the disability and how much daily life and sleep has been affected.
Severe anxiety disorder (a) £59,860 to £100,670 Preventing the injured person from working at all or anywhere close to pre-trauma level. All aspects of the life will be detrimentally impacted.
Moderately severe anxiety disorder (b) £23,150 to £59,860 The injured person has a slightly better prognosis than in more serious cases and minor recovery with some help, however there may be disabilities in the immediate future.
Moderate anxiety disorder (c) £8,180 to £23,150 Where the individual has had a largely full recovery, but persisting symptoms will be majorly disabling.
Less severe anxiety disorder (d) £3,950 to £8,180 A nearly full recovery within one to two years with minor lasting symptoms.
Mental anguish £4,670 Where you're afraid you're going to die or that your life expectancy will be reduced.
On the other hand, special damages cover the costs that you have incurred over the course of your injury and recovery period. Some examples of these damages include:
- Loss of earnings and future income
- Child care costs
- Travel between medical appointments
- Domestic costs i.e. gardening, cleaning and cooking
For more information about post-traumatic stress disorder compensation amounts, talk to our advisors today.
In anticipation of making a PTSD claim, you might find it beneficial to talk to our advisors. They can help understand how strong your case is and may connect you with a No Win No Fee solicitor from our panel.
No Win No Fee is a term that encapsulates a number of different kinds of legal arrangements including Conditional Fee Agreements. This is a way for you to hire a solicitor’s services without paying hiring costs. Plus, if your claim is unsuccessful then you do not have to pay for their services.
Lawyers who work on this basis are paid via a success fee, which is a small amount of your compensation that they take if your claim is a success. It’s subject to a legal cap, preventing overcharging.
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Written by JE
Edited by FS