Compensation for Psychological Injuries
As a victim of a road accident, an accident at work or an assault, for example, you may not only suffer from an injury but also psychological trauma, commonly called ‘shock’. The accident may also cause long-lasting depression or post-traumatic stress disorder (PTSD). The psychological effect can be longer than the physical injury suffered.
Post-traumatic stress disorder compensation for mental health is gaining greater prominence in the press. Now, the courts are recognising more than ever the emotional impact of psychological distress, resulting in increased awards for PTSD compensation following an accident.
We are specialists in psychological injury claims. Contact us today to start your journey towards PTSD compensation.
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Guideline Figures — Can You Claim? — Examples of Compensation
Systematic Abuse — Protection From Harassment Act— Start Your Claim
Guideline Figures for PTSD Claims
The Judicial College Guidelines provide an estimated range of how much PTSD compensation may be awarded when assessing the damages caused by the event.
To make a post-traumatic stress disorder compensation claim, the claimant must be able to provide that:
- The defendant owed a duty of care
- The defendant failed to meet these legal obligations and therefore breached his or her duty
- That breach caused trauma to the claimant in the form of a recognisable psychiatric condition
The claimant will be entitled to compensation, calculated under the Judicial College Guidelines.
The Judicial College Guidelines provide guidance on the value of personal injury claims based on the injuries sustained. It is important to note that the mental health compensation payout that’s due depends not upon the severity of the accident itself but upon the severity of the injuries caused. Nor must the guidelines be followed, as actual compensation may differ slightly from the values set out.
The amount of compensation owed in cases of psychiatric injury is divided into brackets according to the severity of the psychiatric illness that has been suffered.
| Severe | £41,675 – £88,000 |
| Moderately Severe | £14,500 – £41,675 |
| Moderate | £4,450 – £14,500 |
| Less Severe | £1,170 – £4,450 |
Other factors to be taken into account include:
- The claimant’s ability to cope with life and work
- The effect on the claimant’s relationships with family, friends and those with whom he or she comes into contact
- The extent to which treatment would be successful
- Future vulnerability
- Prognosis
- Whether medical help has been sought
Can You Claim for PTSD Compensation?
You can claim PTSD compensation if you have suffered psychological trauma due to an accident caused by another party’s negligent or malicious actions. To claim, you must be able to show evidence that you had PTSD, which can affect you emotionally and financially, and that someone else was at fault for the incident which led to your diagnosis. Claims must usually be submitted within three years of the accident occurring.
PTSD can significantly impact your everyday life, affecting everything from your health to your relationships and career. If an accident has caused you psychological harm, whether you sustained a physical injury or not, we recommend pursuing PTSD compensation.
We know that psychological injury can be complex, and most people are unaware of what can cause PTSD and whether they can claim damages. Some of the common causes of PTSD include:
- Physical assaults
- Violent robberies
- Domestic abuse
- Terrorism attacks
- Natural disasters
- Childhood trauma
- Serving in the military
- Witnessing violent deaths
- Illness diagnosis
- Motor accidents
- Sexual assaults
- Workplace accidents
This isn’t an exhaustive list of what can cause psychological injury, but it summarises some of the most common causes. If you are unsure whether you can make a PTSD compensation claim, talk to one of our solicitors today for free, no-obligation advice.
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The above information provides a glimpse into the situations that can lead to psychological injury and the average mental health compensation payout. The most substantial evidence we can present about PTSD compensation lies within real-life cases. Below are several PTSD compensation examples where victims have received significant psychological injury compensation.
Teacher Awarded £850K After Being Assaulted
In an example of one of the largest PTSD compensation payouts, a teacher was awarded £850,000 in damages after being assaulted by a pupil. The science teacher was left with mental and physical injuries after being punched by a suspended pupil who was allowed to return to the classroom. Following the incident, the teacher was diagnosed with PTSD and severe depressive disorder and was unable to return to his job. He also sustained a head injury, hearing loss, back and ankle injuries, and bruising. His mental state caused him to be sanctioned twice under the Mental Health Act for his safety. The school in London was aware of the pupil’s violent past and was ordered to pay the teacher’s compensation for psychological injury.
Sexual Abuse Survivor Receives £138,832 Payout
In April 2023, a woman received a payout of £138,832 in PTSD compensation. The 52-year-old woman from Nottinghamshire was assaulted by a family member when she was just eight years old. This incident left her with significant psychological injuries for over 40 years, but the Criminal Injuries Compensation Authority initially only offered damages of £6,600, citing ‘insufficient evidence’. With the help of her solicitors, the woman pursued a seven-year legal battle, which culminated in her receiving an acceptable compensation payout for her PTSD injuries.
Council Boss Who Helped Grenfell Victims Gets £4.6m
A former council boss who helped victims of the Grenfell Tower disaster has been paid £4.6 million in PTSD damages. Rachael Wright-Turner, 52, worked for Hammersmith and Fulham Council as a director of public service reform. In 2017, she worked for the Kensington and Chelsea Council as a humanitarian assistance leader officer, which involved providing support to victims of the Grenfell Tower fire. Following this case, she was diagnosed with PTSD and joined Hammersmith and Fulham Council, who were informed of her diagnosis. Ms Wright-Turner was dismissed from her role in 2018 while on sick leave, with the council attributing it to ‘incompetence and excess alcohol consumption’.
The dismissal and a lengthy legal battle were a challenging time for her, which she described as causing her “world to collapse.” Her marriage had broken down, she had stopped receiving treatment, and her children were forced to leave their school. The legal costs were substantial, and she had to ask friends and family for money, including borrowing £450,000 from her mother, causing her to remortgage her house. An employment tribunal found that senior officers at the council had lied, and none of the claims about Ms Wright-Turner’s integrity or competence were upheld. In March 2024, she was awarded one of the largest PTSD compensation payouts against a public body.
Mother Gets £575k After Rushed Childbirth
A mother from Wrexham received a compensation payout of £575k after she endured injuries during childbirth. While giving birth in 2019, the woman suffered a tear that left her with a permanent stoma, PTSD and pain that lasted for a year. She argued that the obstetrician was “in such a rush to leave” and failed to spot the tear. If the issue had been spotted at the time, she could have been put to sleep, and the tear could have been repaired. The decision to claim against the hospital was made more challenging by the fact that she worked at the hospital. However, following a five-year case, she was awarded £575k in compensation due to the effects of the incident, including the psychological trauma she endured.
Contact Us Now To ClaimPTSD from Systematic Abuse
As well as accidents, post-traumatic stress disorder can develop from systematic abuse in settings such as care homes and hospitals. In particular, vulnerable patients are more likely to suffer abuse and subsequent PTSD. A recent example of a psychological compensation claim involving abuse is a Berkshire hospital run by the Huntercombe Group. Several teenagers developed PTSD due to systematic abuse sustained at the hospital. We are handling a Huntercombe Group claim on behalf of the young victims.
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Protection From Harassment Act 1997
Under the Protection from Harassment Act 1997, compensation may be due where the claimant has suffered harassment. Majrowski and Guy’s & St Thomas’ NHS Trust [2005] QB 848 stipulates that to be considered harassment, “[t]he conduct has also to be calculated, in an objective sense, to cause distress and has to be oppressive and unreasonable.”
Where harassment has been proven, the claimant may be awarded compensation for any anxiety caused by the harassment. Notably, compensation under the 1997 Act does not depend upon a recognised psychiatric disorder, nor is there any need to establish foreseeability.
Start Your Claim for PTSD Compensation
The law on compensation for psychiatric injury is complex and has been described as a “patchwork quilt of distinctions”. Decisions will turn on the individual facts of a particular case; however, the above criteria serve as a helpful guide to determine whether a compensation claim will ultimately be successful. The law, based on policy decisions by the government and the courts, aims to stem the ‘floodgate’ argument, where a witness to a distressing event (not the direct victim) is involved. The law is not ideal and contrary to claimants, but this is where you will need specialist advice to make a claim for PTSD following an accident.
If you were a victim of the accident itself and are experiencing PTSD, then there is no such hurdle put in place by the courts to make a compensation claim. Contact the expert injury solicitors today for advice, support and assistance to get PTSD compensation.
