By Max Malkovich. Last updated 1st July 2022. Welcome to our guide on how to claim PTSD compensation.
Have you suffered post-traumatic stress disorder after an accident? Was another party at fault for the accident? If so, you could claim compensation for your suffering. While many people may assume accident claims are designed for physical injuries, this guide will show how a victim of third-party negligence could receive compensation for psychological trauma as well as out-of-pocket expenses.
In this guide, you will also find important information about key areas of your accident claim, including whether you have valid grounds to claim within the personal injury claims time limit, what evidence you may require to support your claim and how you could benefit from a No Win, No Fee agreement.
Call us today on 0161 696 9685 for a free, no-obligation consultation with an expert adviser. Our lines are open 24 hours a day, 7 days a week. A personal injury lawyer could assess your eligibility for post-traumatic stress disorder compensation and begin working on your case that same day.
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- Claiming Compensation For Post-Traumatic Stress Disorder Guide
- What Are Post-Traumatic Stress Disorder Compensation Claims?
- Causes Of Post-Traumatic Stress Disorder After An Accident
- Signs Of Post-Traumatic Stress Disorder
- Post-Traumatic Stress Disorder Caused By Accidents At Work
- Post-Traumatic Stress Disorder Caused By A Car Accident
- Post-Traumatic Stress Disorder Caused By Military Accidents And Injuries
- Check If You Are Eligible To Make A PTSD Claim
- Time Limits To Claim Post-Traumatic Stress Disorder
- Calculator For Post-Traumatic Stress Disorder Compensation Payouts
- Special Damages You May Be Entitled To Claim
- Steps To Take Before Making A PTSD Compensation Claim
- Why Choose Legal Helpline To Help You Make A Claim?
- No Win, No Fee Post-Traumatic Stress Disorder Compensation Claims
- Start Your PTSD Claim
- Mental Health And Claims Resources
You may have heard the phrase Post-Traumatic Stress Disorder or “PTSD” in passing before reading this guide but what does it actually mean? In this guide on how to claim PTSD compensation, we will discuss common symptoms of this disorder, how post-traumatic stress disorder after an accident can have a lasting impact on a person’s life.
There are several events that may trigger PTSD, including experiences of war, road traffic accidents or even psychological trauma at work. While witnessing a traumatic event may not always trigger a psychological condition, such symptoms have the potential to surface sometime after the event. If these symptoms persist for more than a month after the incident then it could be classified as post-traumatic stress disorder.
Although it may seem daunting to pursue a personal injury claim for post-traumatic stress disorder, our panel of expert solicitors possesses the knowledge and capabilities to help make the claims process as smooth as possible.
In England, it was recently reported that 3 of every 100 people will experience PTSD in their lifetime. In addition, pre-existing mental health conditions and other such disadvantages increase the probability of developing PTSD. However, the survey also found that the disorder is likely to develop in:
- 1 in 5 firefighters
- 1 in 2 rape victims
- 1 in 3 car crash victims
Given how common these statistics show PTSD to be, in turn, PTSD compensation is also commonly claimed for.
A personal injury claim for post-traumatic stress disorder is a form of legal proceedings to recover compensation for victims of third-party negligence. The final settlement amount will take into consideration a range of factors that impact the victim’s life. For example, the claim will take into account the impact of PTSD on your ability to cope with life, daily activities, work, family and other such areas, along with your future prognosis and predicted success of treatment. Post-traumatic stress disorder can cause a variety of repercussions, many of which we will explain later in this guide.
Although a settlement amount cannot undo the harm and suffering you may experience from PTSD, a successful claim could provide financial relief for costs associated with the disorder.
There is no one specific cause of post-traumatic stress disorder. As a rule of thumb, PTSD is generally triggered by a traumatic event that inflicts severe levels of stress upon the victim. It could also involve a series of recurring events, such as domestic or sexual abuse.
The types of events that may trigger post-traumatic stress disorder include, but are not limited to:
- Domestic/physical abuse
- Sexual assault
- Witnessing a death
- Death of a loved one/relative
- Natural disasters
- Terror attacks
- Diagnosis of a life-threatening illness
- Road traffic accidents
There are several professions that may be more likely to encounter such trauma, including firefighters, paramedics, ambulance workers, police officers and the armed forces. If you feel that the above apply to your unique circumstances and you would like advice on how to pursue PTSD compensation, please contact our team.
As no two cases are the same, PTSD symptoms that one person may experience might not apply to another victim of the same event. Even if the symptoms may appear the same, there is the potential for variation in severity.
Generally speaking, some common symptoms of PTSD include:
- Emotional instability
- High levels of stress/anxiety
- Lack of concentration
- Physical effects (E.g. Trembling, nausea, sickness, dizziness, aches, pain, etc.)
As traumatic events can be difficult to process, the main treatments for post-traumatic stress disorder range from psychological therapies to medication. In some cases, it is possible to achieve successful treatment over a number of years or even sometime after the event. For more information about symptoms, please click here to read the post-traumatic stress disorder NHS guide.
In many cases, a claim for complex PTSD compensation will be made based on severe disruption to the victim’s life. However, an adviser from our expert team will evaluate the severity of your condition for you and advise you on how to proceed with a personal injury claim.
Some professions may be at higher risk of traumatic events, which is why it’s important for employers to implement the correct procedures to mitigate any contributing factors. Many of the aforementioned jobs are at high risk of traumatic events, but that is not to say that PTSD could arise from more quiet workplace environments. For example, if someone were to witness an assault or a heart attack at work, it could trigger a psychological disorder.
Although most people will be aware of the dangers associated with certain career paths, an employer still has a duty of care to prioritise the health and well-being of staff at all times.
Often when we think of the repercussions of road traffic accidents, our first thought tends to be of physical injuries. However, what some people may not be aware of is the psychological consequences of such an event. The chances of a victim developing a condition of this nature are likely to increase if they witness one or more fatalities.
A post-traumatic stress disorder car accident claim could be made for both physical and psychological injuries, though it is important to have medical evidence of such harm. As a victim of a road traffic accident, the psychological side-effects of an event could prevent you from entering a motor vehicle in the future. To find out how much compensation for PTSD after a car accident in the UK can be claimed, contact an adviser from our team.
Some of the more common PTSD case studies tend to relate to military accidents or those who work in the armed forces. For such claims, there is a specific Armed Forces compensation scheme which helps award compensation to victims of PTSD. However, you should note that many PTSD compensation success stories in the UK occur outside of this scheme.
For military personnel, there may be long periods under which a person is exposed to traumatising environments in war zones. As a result, this can increase the probability of developing PTSD from such events.
You could be eligible to claim compensation both as serving and retired military personnel. At first, you may be offered a generalised amount under the Armed Forces Compensation Scheme (AFCS). However, a personal injury lawyer could help you retrieve a higher value for your suffering.
Whether you are eligible to claim compensation will depend on the level of evidence that proves you are suffering from post-traumatic stress disorder and that another party was to blame for your suffering. A solicitor will be able to determine this by exercising their legal knowledge to gather the right documents to support your claim. In most cases, a legal adviser will need to prove:
- You were owed a duty of care by another party.
- There was a breach in this duty of care.
- This breach was the cause of your harm and suffering.
If you have any concerns about the validity of your claim, a solicitor will use their in-depth knowledge to assess whether you’re entitled to PTSD compensation.
When it comes to pursuing a claim for compensation, there will be a personal injury claims time limit which restricts the time in which a claimant can pursue their case. Generally speaking, this is usually 3-years from the date of the accident. However, in some cases, the time limit can begin from the ‘date of knowledge, which is essentially the date of diagnosis. For cases of psychological trauma, such as PTSD, where symptoms may arise at a later stage, the time limit can begin from the date of diagnosis even if it is some time after the accident.
You may want more information about potential PTSD compensation payouts in the UK. One of the heads of claim when seeking compensation for a personal injury is general damages. This relates to the suffering, pain and negative impact caused by your injury. Remember: you will only be able to receive compensation if you can prove that your injury was the result of negligence.
We are unable to provide you with potential compensation amounts you could receive across the UK. However, the Judicial College Guidelines can give you a better indicator of potential PTSD compensation payouts. This is a document often used by legal professionals to help them assign a value to injuries.
The below figures have been taken from the latest guidelines, published in 2022. Please bear in mind that every claim is different meaning that the figures below cannot be guaranteed. They are merely an indicator of your potential compensation in relation to certain injuries.
Type of Injury Severity Description Compensation Bracket
PTSD Severe Permanent effects of this result in the injured person being unable to work at all or functioning anywhere close to the pre-trauma level. £59,860 to £100,670
PTSD Moderately Severe A better prognosis will be achieved through professional help. £23,150 to £59,860
PTSD Moderate The injured person will mostly recover from the injury with any continuing symptoms not being particularly debilitating. £8,180 to £23,150
PTSD Less Severe An almost complete recovery will be made within one or two years. £3,950 to £8,180
Psychiatric Damage (General) Moderate The prognosis will be good because there will be a noticeable improvement by trial. £5,860 to £19,070
Psychiatric Damage (General) Less Severe The amount awarded will depend on aspects such as the disability period and how daily activities have been negatively impacted. £1,540 to £5,860
Brain Moderately Severe The brain injury will lead to disability of a serious nature. They will require a substantial dependence on others and require professional care. £219,070 to £282,010
Brain Moderate (ii) Intellectual deficit of a moderate to modest level is caused with the ability to work being greatly reduced. £90,720 to £150,110
Leg Amputations (iii) This bracket is for an above-knee amputation to one leg. £104,830 to £137,470
Arm Loss of One Arm This amount would be for if one arm has been amputated at the shoulder. Not less than £137,160
If you would like more information about PTSD compensation payouts, you can contact us at a time that works for you. We can inform you of your claim eligibility and provide you with a compensation estimate that relates to your injury.
As well as being compensated for your psychological suffering, it may also be possible to recover any costs associated with the disorder. For example, these could include medical expenses such as therapy or prescriptions, travel costs, loss of earnings and even future loss of earnings too.
When it comes to pursuing post-traumatic stress disorder compensation, there are some important steps you could take to help strengthen your potential claim. Whether you are pursuing a claim for post-traumatic stress disorder or another type of psychological injury, the following steps could provide sufficient evidence to support your claim:
- Photographs: You should look to take photographs of as many aspects of the accident as possible, such as the accident scene, cause, physical injuries and other similar factors.
- Receipts: You should retain any proof of out-of-pocket expenses which could be awarded as special damages in your final settlement amount. This includes any loss of earnings and potential future loss of earnings too.
- Witness Details: If you know of any witnesses who were at the accident scene, you should take down any contact details which could be used by your personal injury solicitor at a later stage.
- Medical Treatment: Whether your injuries are physical or psychological, minor or major, you should seek medical attention as soon as possible from a healthcare practitioner. This will help provide a medical picture of your suffering which can be used as supporting evidence.
- Legal Advice: If you believe a third-party may be responsible for your suffering, you should seek legal advice about what steps you could take to pursue a personal injury claim for compensation.
Our panel of experts is not limited to personal injury claims for post-traumatic stress disorder compensation pay-outs. If you require legal assistance for any form of third-party negligence, you could pursue a claim for compensation. Our specialist panel has thirty years of experience in representing victims of third-party negligence and they could help you secure compensation for your injuries.
When you use the services of our panel of solicitors, your case will receive the sympathy and respect it deserves. You will receive regular updates regarding any changes within your claim by telephone, email or post. What’s more, a legal adviser from our team will assess the validity of the claim for free.
When you begin your personal injury claim for post-traumatic stress disorder compensation, a solicitor from our panel will lend their knowledge and experience on a No Win, No Fee basis. Also commonly referred to as a Conditional Fee Agreement (CFA), your legal representative will work on your case on the premise that they will receive payment only on the condition that they successfully secure a settlement amount on your behalf. Your solicitor will deduct a small percentage, known as a success fee, from the final award to cover their legal costs. This percentage is legally capped, but you will have a chance to discuss what this percentage may be prior to beginning your claim.
If your solicitor is unsuccessful and you do not receive PTSD compensation, you will not be held accountable for the solicitor’s legal fees. In addition to this, a No Win, No Fee compensation claim does not require any start-up fees nor are there any hidden costs throughout your claim, which means the financial risk of pursuing a claim is minimised significantly.
You can discuss any questions or concerns about No Win No Fee agreements with a specialist adviser from our team. Please consider the contact options below for more information.
Start your post-traumatic stress disorder compensation claim today by discussing your circumstances with a legal expert from our advisory team. Our lines are open 24/7 with specialists taking calls for a variety of cases. For a free, no-obligation consultation, simply:
- Call Us: Speak with an adviser over the phone on 0161 696 9685.
- Enquire Online: Begin your online claim by clicking here.
- Let Us Call You Back: Click here to fill out a call-back form and an adviser will contact you at a specific time.
PTSD Compensation Claim FAQs
Here are some questions that we frequently get from potential claimants.
Post-Traumatic Stress Disorder
Information by MIND about what PTSD is and how complex these cases can be.
NHS Treatment For PTSD
Read this guide to find out how PTSD can be treated.
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Network Rail Accidents
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Maximum Compensation For Holiday Accident Victims
If you require legal assistance following a holiday accident, please read this guide.
Thank you for reading our guide on how to claim post-traumatic stress disorder compensation.
Guide by HS
Edited by REG