Last Updated 15th July 2024. 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 can claim PTSD compensation, 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:
- Calling us on 0333 000 0729
- Using our live chat feature
- Completing our contact form
Select A Section
- Can I Make A PTSD Claim?
- Symptoms And Treatment Of Post-Traumatic Stress Disorder
- What Could Cause PTSD?
- How To Prove A PTSD Compensation Claim
- PTSD Claim Calculator
- Claim PTSD Compensation Using A No Win No Fee Solicitor
- More Resources About How To Claim PTSD Compensation
Can I Make A PTSD Claim?
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. Severe PTSD may cause problems with sleep and concentration that have a subsequent impact on the person’s ability to cope with daily life.
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. This means that you may be able to claim if you’ve suffered a physical or psychological injury caused by negligence.
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.
As such, in order to claim PTSD compensation, you would need to prove that:
- The third-party in question had a duty of care towards you
- Their actions or inactions caused them to breach this duty of care
- This breach of their duty caused your injury.
If you’re able to prove that negligence caused your injury, you may be able to make a successful PTSD claim. Contact us for free using the details above to see if you’re eligible to claim compensation for PTSD.
Is There A Time Limit For A PTSD Compensation Claim?
Under the Limitation Act 1980, there is usually a three-year time period to make personal injury claims. This three-year period would typically begin on the date the harm occurred and the same is true with a PTSD injury claim. Even if the symptoms of post-traumatic stress disorder developed a few weeks after the accident, the point in time in which it was caused can be pinpointed.
The time limit can vary for children (under the age of 18) who have developed PTSD following an accident. A person cannot legally represent themselves in a civil claim until they turn 18. At that point, the 3-year clock begins to tick, giving them until their 21st birthday.
A claim for PTSD can be made on behalf of a child before they turn 18. It simply requires a litigation friend to be appointed by the court so that decisions can be made for them. This is something that our panel of solicitors can help you with.
A person who lacks the mental capacity to claim can also claim compensation for PTSD. A litigation friend can make a claim on their behalf. If they regain mental capacity and the claim has yet to be made, they would then have three years to make a claim for PTSD.
If you have questions about how long you might have to make a PTSD claim or would like to check your eligibility to work with a solicitor from our panel, you can contact our advisors.
Symptoms And Treatment Of Post-Traumatic Stress Disorder
As part of your claim for PTSD, you can be compensated for what impact the symptoms have on your lifestyle. According to the NHS, the specific symptoms of PTSD can widely vary between injured parties, however, they generally include:
- Re-experiencing. This is when the injured party involuntarily recalls the traumatic incident in vivid detail. It includes flashbacks, nightmares, and repetitive and distressing images.
- Avoidance. This can include attempting to push memories away, avoiding certain people and places, not talking about your experience or trying not to feel anything at all (emotional numbing). These symptoms can lead to isolation and withdrawal, which can be included in awarded compensation for PTSD.
- Hyperarousal. This means feeling on edge or finding it difficult to relax. It can lead to irritability, angry outbursts, insomnia and difficulty concentrating.
Your PTSD compensation may also recover costs related to its treatment. According to the NHS, treatment for PTSD could include talking therapies as well as medication.
To discuss your PTSD compensation claim and receive free advice, you can contact our advisory team.
What Could Cause PTSD?
As previously stated, Post-Traumatic Stress Disorder 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. Psychological injuries can have a great impact on your quality of life which is why you have every right to see if you’re able to claim.
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. Below are examples of how PTSD claims could be caused by third-party negligence.
Accidents At Work
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. You could develop PTSD due to suffering this serious injury.
In order to claim for workplace accidents, you would need evidence showing that your employer’s negligence caused your injury.
Road Traffic Accidents
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.
You could be involved in a car accident if a drunk driver was travelling down the wrong side of the road. As a result, you’re involved in a head-on road traffic accident that injures you mentally. Anxiety, stress and PTSD from the car accident could greatly impact your quality of life which is why it’s important to know you may be able to claim.
Accidents In A Public Place
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 have an accident in a shop due to a broken railing. 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 if you have any questions about making PTSD compensation claims, or to see if you’re eligible to claim yourself.
Military Accidents And PTSD
The NHS lists war and conflict as one of the causes of PTSD. As we discussed above, your employer has a legal obligation to take reasonable and practicable steps to ensure your health, safety and welfare. All employers, including the military, owe their employees this same duty of care. If they’ve breached this and you suffered an injury as a result, you could be eligible for PTSD compensation.
Other causes of PTSD include workplace exposure to traumatic events. This leaves other workers at risk of developing PTSD, including frontline emergency workers. If your employer did not take reasonable steps to ensure your health and welfare, you could be eligible to make a PTSD compensation claim if you develop a mental health injury.
To discuss whether you are eligible to claim for PTSD due to military service, please speak to a member of our advisory team. If you are eligible to seek compensation for PTSD, you could be connected to one of the No Win No Fee solicitors from our panel.
How To Prove A PTSD Compensation Claim
If you are making a personal injury claim for PTSD compensation, you will need to submit compelling evidence. Your evidence needs to prove the nature of your PTSD as well as who was liable for the accident that caused it.
Here are a few examples of items that could support a PTSD compensation claim:
- A copy of your medical records: these can help illustrate the nature of your mental health injury as well as any other injuries you are including in your claim for PTSD, plus the impact they are expected to have on your life and what treatment you required.
- Witness contact information: If anyone saw the incident that caused your PTSD, you can make a note of their contact information so they can provide a statement at a later date.
- Video footage. If the incident was caught on video, such as CCTV, or a mobile phone, this footage can support your compensation claim.
If you would like help obtaining evidence that could support your claim for compensation for PTSD, please contact our advisory team on the details above.
PTSD Claim Calculator
If you have a successful PTSD claim, your compensation could potentially be made up of general and special damages. These are two different heads of claim.
General damages compensates you for how you have been affected psychologically, and physically, due to a breached duty of care. This head of claim takes factors into consideration such as:
- Loss of amenity.
- How long your recovery time is.
- How severe your impacts are.
The Judicial College Guidelines (JCG) is a document which legal professionals and others responsible for calculating claims often use to help value general damages for successful PTSD compensation claims. This document contains guideline award figures for differing psychological and physical illnesses and injuries.
Additionally, to compare with the JCG, you may be asked to have an independent medical assessment during the claims process.
Compensation Table
The table below includes guideline award figures from the JCG (except for the first figure) for different types of psychological harm.
However, the amount of compensation for PTSD you could potentially receive may differ from the JCG’s figures. This is because each successful claim is unique in circumstance.
Injury Severity Compensation Notes
Multiple serious illnesses and injuries along with financial losses Serious Up to £250,000+ Compensation for multiple serious illnesses along with financial losses, such as lost wages and therapy costs.
Psychiatric damage Severe (a) £66,920 to £141,240 The injured person will have severe problems with mulitple factors including coping skills, employability, education and relationships.
Moderately severe (b) £23,270 to £66,920 Substantial problems, but a more optimistic prognosis than severe psychiatric damage.
Moderate (c) £7,150 to £23,270 Where there may be some problems with above factors, the prognosis will be good and improvement will be expected or have been made.
Less severe (d) £1,880 to £7,150 Taken into consideration will be the extent to which sleep and daily activities are affected.
Post-Traumatic Stress Disorder (PTSD) Severe (a) £73,050 to £122,850 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 (b) £28,250 to £73,050 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 (c) £9,980 to £28,250 Where the individual has had a largely full recovery, but persisting symptoms will be majorly disabling.
Less severe (d) £4,820 to £9,980 A virtual full recovery will be made between 1-2 years and only minor symptoms will last longer than this time.
Special Damages In PTSD Compensation Claims
Special damages compensates you for how you have been affected financially from having PTSD due to a breached duty of care. Some examples of these damages may include:
- Loss of earnings and future income.
- Travel between medical appointments.
- Domestic costs, i.e. gardening, cooking, and cleaning.
Special damages can really help you to recover your financial position to what it was before you suffered PTSD. For this reason, it is vital to provide any invoices, receipts, bank statements, and payslips as evidence. Special damages are not always included in a PTSD compensation payout when a claim is successful, whereas general damages are.
To find out more on how your potential Post-Traumatic Stress Disorder claim will be valued, get in touch with us for free.
Claim PTSD Compensation Using A No Win No Fee Solicitor
Our advisors can help with any questions you have about claiming for a psychological injury. 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 for post-traumatic stress disorder 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.
Get in touch with our advisors today to learn more about potential PTSD compensation payouts and to discuss claiming for a psychological injury by:
- Calling us on 0333 000 0729
- Using our live chat feature
- Completing our contact form
More Resources About How To Claim PTSD Compensation
We have many other informative articles:
Manual Handling Claims – How Much Compensation Can I Claim?
Temporary Workers’ Rights to Claim Compensation After an Accident at Work
How Long Is The Limitation Period For Injury Claims?
And, informative external links that can help:
Contact our advisors today for information about how you could claim for post-traumatic stress disorder.
