If you’ve developed post-traumatic stress disorder (PTSD) due to a traumatic accident caused by someone else’s negligent actions, you could be entitled to claim PTSD compensation. Whether your PTSD was triggered by a road traffic accident, medical negligence, serious accident at work or another traumatic event, we are here to help. This guide outlines the key steps and important topics to help you understand your rights as a PTSD sufferer.
Key Takeaways
- You may be entitled to PTSD compensation if your condition was caused by someone else’s breach of duty of care.
- PTSD compensation claims can cover emotional harm and financial losses.
- You can claim on behalf of someone else with PTSD if they lack the mental capacity to manage their own claim.
- Our panel of solicitors offer a No Win No Fee service.
- The time limit for making a PTSD claim is typically 3 years, though there are some exceptions.
Contact our team today for free advice and to start your PTSD compensation claim with confidence. You can contact us at any time. We’re available 24:7:
- Call 0333 0000729
- Fill out our Contact Us form.
- Send a message in our live on-screen chat box.
Jump To A Section
- Can I Claim Post-Traumatic Stress Disorder (PTSD) Compensation?
- How Much Compensation Could I Claim For PTSD?
- What Can Cause PTSD?
- Is There A PTSD Claims Time Limit?
- Will I Need Evidence To Make A PTSD Claim?
- No Win No Fee Compensation Claims For PTSD
- Frequently Asked Questions
- More Information
Can I Claim Post-Traumatic Stress Disorder (PTSD) Compensation?
Yes. To be eligible to claim PTSD compensation, three core elements must be present in your case. These elements help establish liability and form the foundation of a successful PTSD claim:
- A duty of care was owed to you
- This duty of care was breached
- The breach caused you to suffer PTSD
If these three conditions apply, you may have grounds to seek compensation. Each situation will determine who owed you the duty of care and whether they failed to uphold it.
The duty of care you are owed depends on the context of the traumatic accident:
- In a workplace accident, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 to take reasonable steps to ensure your safety while at work.
- In a road traffic accident, all drivers owe each other a duty of care, requiring them to act responsibly and follow the rules in the Road Traffic Act 1988 and The Highway Code to avoid causing harm.
- In a public place, the occupier has a duty under the Occupiers’ Liability Act 1957 to ensure visitors are kept reasonably safe while on the premises.
- In cases of medical negligence, every healthcare provider has a legal responsibility to deliver care that meets professional standards. If this standard is not met and results in PTSD, you may have grounds for a claim.
Furthermore, you could also claim for criminal injury. In certain instances, these would be made through the Criminal Injury Compensation Authority (CICA), which awards compensation to victims of violent crime in Great Britain. The eligibility for CICA claims is different to that of personal injury and medical negligence.
If you believe you’ve suffered PTSD due to someone breaching a duty of care they owed to you, contact Legal Helpline. Our team can assess your eligibility and help you start your PTSD compensation claim today.
Am I Able To Claim For PTSD From Military Accidents?
You may be able to claim PTSD compensation through the Armed Forces Compensation Scheme (AFCS) if you developed PTSD as a result of military service. The AFCS provides compensation for injuries, including mental health conditions such as PTSD, sustained during service in the UK Armed Forces.
Unlike personal injury claims, the AFCS does not require you to prove negligence. However, your PTSD must have been caused by service-related activity. PTSD claims through the AFCS must generally be made within 7 years from the date of the incident or diagnosis.
Alternatively, if negligent actions by the Ministry of Defence (MoD) or a third party caused your PTSD, you may be eligible to make a civil PTSD compensation claim. In some cases, this could result in higher compensation payouts.
If you’re unsure whether to claim through the AFCS or through a civil claim, contact us for guidance tailored to your situation.
Can I Claim On Behalf Of A Loved One With PTSD?
Yes, you can claim PTSD compensation on behalf of a loved one if they lack the mental capacity to make their own claim. In this case, you can act as a litigation friend and manage the claim on their behalf.
This commonly applies to children or adults with severe PTSD who may be unable to make informed decisions. The role of a litigation friend involves making decisions in the best interest of the injured person throughout the claims process.
We can assist you in becoming a litigation friend and support your loved one’s PTSD compensation claim. To find out more about claiming compensation for someone else, contact us for free advice today.
How Much Compensation Could I Claim For PTSD?
Severe PTSD compensation could potentially be worth between £73,050 and £122,850 just for the psychological damage alone. This figure was taken from the Judicial College Guidelines.
PTSD compensation is typically divided into two types of damages: general damages and special damages.
- General damages compensate you for the pain, suffering, and loss of quality of life caused by your PTSD.
- Special damages reimburse the financial losses you’ve incurred because of your PTSD.
Below is a table containing guideline PTSD compensation payouts based on figures from the Judicial College Guidelines (JCG). The JCG are guidelines used by legal professionals to help assess the value of general damages in personal injury claims.
None of the payouts in the table can be guaranteed though, as all PTSD claims are unique. Additionally, please note that the top payout is not from the JCG.
| Type of harm | Severity | Guideline compensation brackets | Notes |
|---|---|---|---|
| Multiple serious types of harm plus special damages | Serious | Up to £250,000+ | Compensation for multiple serious types of harm plus financial losses, such as therapy costs and loss of earnings |
| Psychiatric damage generally | Severe (a) | £66,920 to £141,240 | A very poor prognosis, where every aspect of the person's life is affected |
| Moderately severe (b) | £23,270 to £66,920 | Significant problems with every aspect of the person's life, but the prognosis will be more optimistic | |
| Moderate (c) | £7,150 to £23,270 | A good prognosis with a marked improvement by trial, but there will still be problems with the person's life | |
| Less severe (d) | £1,880 to £7,150 | Depending on how much sleep and daily activities are affected | |
| PTSD | Severe (a) | £73,050 to £122,850 | There will be permanent effects that stop the person from working or functioning anywhere near the pre-trauma level |
| Moderately severe (b) | £28,250 to £73,050 | The effects will cause significant disability for the foreseeable future, but there will be a better prognosis and some recovery with professional help | |
| Moderate (c) | £9,980 to £28,250 | Continuing effects will not be grossly disabling, and a large recovery will be made | |
| Less severe (d) | £4,820 to £9,980 | A full recovery is made within 1-2 years |
Calculating PTSD Compensation
When PTSD compensation is being calculated, several factors are considered, such as:
- The severity of your PTSD symptoms and whether they are classed as moderate, moderately severe, or severe
- The duration of your symptoms and how long recovery is expected to take
- The impact on your daily life, relationships, and ability to work or study
- Whether your PTSD has caused a significant disability or long-term psychological trauma
- Any pre-existing mental health conditions and how they have been affected
- The extent of your recovery, including your response to treatment such as cognitive behavioural therapy
- Whether you also suffered physical injuries during the traumatic event
Additionally, the financial losses that can be reimbursed under special damages include:
- Lost earnings due to inability to work
- Future loss of earnings if your condition prevents you from returning to work
- Costs of cognitive behavioural therapy or other medical treatment
- Travel expenses to medical appointments
- The cost of care, support or household assistance
Your total PTSD compensation could be significantly higher once special damages are considered. So, it’s very important to keep hold of any receipts, bank statements, payslips, and invoices you have that can prove your financial losses.
In some cases, interim payments can be arranged before your claim is settled. These can help cover urgent costs like private medical treatment or income replacement while your PTSD compensation claim is ongoing.
To find out how much compensation you may be able to claim for your specific case, speak to one of our friendly advisors at Legal Helpline. We can give you a clearer picture of your potential compensation.
What Can Cause PTSD?
Below are some examples of how PTSD can be caused due to a breach of duty of care:
- Road Traffic Accident: A drunk driver lost control of their vehicle and drove onto the pavement, hitting you as a pedestrian. This traumatic event left you suffering from PTSD.
- Workplace Incident: You had a fall from scaffolding after your employer failed to provide appropriate safety harnesses or training. The shock and emotional trauma of the accident triggered your PTSD symptoms.
- Public Place Injury: While shopping in a retail store, heavy items fell from an overhead shelf on you and caused you to suffer a serious injury. The distress and shock of the situation caused you to develop PTSD.
- Medical Negligence: You underwent a surgical procedure and woke up to discover that the wrong body part had been operated on. The emotional trauma and violation of trust led to the onset of PTSD.
- Violent Assault or Physical Abuse: You were attacked in a nightclub after staff ignored warnings about an aggressive guest. The physical and psychological impact of the attack caused you to suffer PTSD.
- Childbirth Trauma: During labour, medical staff failed to act quickly when complications arose. The resulting traumatic birth experience caused severe emotional distress and long-lasting PTSD.
These types of accidents can have devastating emotional consequences. If you’ve suffered PTSD due to another person’s failure to abide by their duty of care, you could be entitled to PTSD compensation.
Contact Legal Helpline today for a free, no-obligation consultation. We’ll help you determine if you can make a PTSD compensation claim and explain the next steps.
Is There A PTSD Claims Time Limit?
Yes, the standard time limit to start a PTSD compensation claim is 3 years. This is set by the Limitation Act 1980 and generally starts from the date of the accident that caused your PTSD, or from when PTSD was first diagnosed.
Exceptions apply if the claimant lacks mental capacity or if the PTSD sufferer was under 18 at the time of the incident. In these cases, the claimant is unable to start their own claim, and the 3-year limit will be paused. While they are unable to start their own claim, this is when a litigation friend can step in.
To avoid missing the deadline, speak to our team today. We can help you start your PTSD compensation claim as soon as possible.
Will I Need Evidence To Make A PTSD Claim?
Yes, you will need to provide evidence to support your PTSD compensation claim. Key types of evidence that prove negligence occurred include:
- Medical records confirming a PTSD diagnosis
- Psychological assessments by a mental health specialist
- GP and hospital treatment history
- Proof of financial losses (e.g. payslips, receipts)
- Contact details from anyone who witnessed the accident that caused your PTSD.
- Photographic evidence or CCTV footage of the accident that caused your PTSD.
- Documentation of the traumatic event (e.g. a workplace accident report)
The more evidence you have, the stronger your claim will be. Our panel of solicitors can help you gather the necessary documents and ensure your case is thoroughly prepared.
Get started today by contacting us.
Will I Need To Go To Court?
Most PTSD compensation claims are settled out of court. However, if the responsible party denies liability or disputes the value of your claim, court proceedings may be necessary.
If your claim goes to court, your solicitor will represent you and ensure your case is presented effectively. Even then, settlement negotiations can continue right up to the court date.
Our panel of solicitors strive to resolve PTSD claims quickly and efficiently, minimising stress for our clients.
To discuss the likely outcome of your PTSD claim, contact us today for a free consultation.
No Win No Fee Compensation Claims For PTSD
Our panel of solicitors can represent PTSD compensation claims on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This is a legal funding arrangement that allows you to access expert legal representation without paying any upfront or ongoing costs for your solicitor’s work.
With a CFA, you:
- Won’t be required to pay any solicitor fees at all unless your PTSD compensation claim is successful.
- If your claim does succeed, a capped success fee will be deducted from your compensation. This is a percentage that is agreed in advance, so you won’t face any unexpected charges.
A No Win No Fee arrangement makes it easier and more affordable to claim PTSD compensation, particularly if you’re already dealing with the financial pressures of lost earnings or medical expenses.
Contact Legal Helpline
To learn more about how a CFA works and whether it’s right for your case, speak to us today. We’re here to guide you through your PTSD compensation claim with clarity and confidence. If you are connected with a specialist No Win No Fee solicitor from our panel, they will handle the claims process for you while you focus on recovery.
- Call 0333 0000729
- Fill out our Contact Us form.
- Send a message in our live on-screen chat box.
Frequently Asked Questions
The Symptoms Of PTSD
PTSD symptoms include flashbacks, nightmares, panic attacks, insomnia, irritability, emotional numbness, and physical symptoms like sweating or shaking. Symptoms may vary depending on the severity of the traumatic stress disorder caused.
How Is PTSD Diagnosed?
PTSD is diagnosed through clinical assessment by a GP or mental health specialist. They will look for signs of persistent anxiety disorder, sleep disturbances, intrusive thoughts, and other markers of traumatic stress disorder.
What Are The Treatments For PTSD?
Common treatments for PTSD include cognitive behavioural therapy, eye movement desensitisation and reprocessing (EMDR), group therapy and medication. Early intervention can improve the likelihood of successful treatment.
Would Compensation Impact My Ability To Claim PTSD Benefits?
Receiving PTSD compensation may affect means-tested benefits. However, there are ways to manage this, such as placing your award in a personal injury trust. Legal Helpline can advise you on this.
How Long Will A PTSD Claim Take?
The duration of a PTSD claim depends on the complexity of the case and whether liability is accepted. Some claims are settled within months, while others involving serious injury or disputed liability may take longer.
More Information
For more help, visit these useful links:
- NHS – PTSD overview
- NHS – where to access mental health services
- GOV.UK – how to receive Statutory Sick Pay (SSP) for having time off work during your recovery
Additionally, here are a few of our similar guides:
- Learn more about loss of amenity and how to claim for this.
- Find out how to claim for anxiety after a car accident.
- How to connect with a serious injury lawyer.
If you’ve suffered PTSD and are considering making a PTSD compensation claim, speak to us today. Our panel of expert solicitors are here to help you claim the compensation you deserve.
