By Jo Anderson. Last Updated 17th November 2023. In this guide, we are going to take a look at anxiety after car accident claims. Specifically, we will focus on how much compensation for anxiety after a car accident people could claim, and how claims for compensation for anxiety work.
If you are anxious after a car accident, it could cause problems in various areas of your life. We answer questions about anxiety after a traumatic car accident such as ‘how much compensation can you get for anxiety after a car accident?’ and ‘How can I prove a whiplash and anxiety claim?’
Plus, we provide details of what mental trauma after a car accident people could claim for, and what compensation for PTSD could include. We even include a handle table to give you an idea of what mental health compensation payout successful claimants could receive.
To contact our team of advisors and find out more:
- Call us on 0800 073 8801
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Select A Section
- Car Accident Claims – How Much Compensation For Anxiety After A Car Accident
- When Am I Eligible To Claim For Anxiety After A Car Accident?
- Anxiety After A Car Accident – Evidence To Support Your Claim
- Time Limit For Claiming For Anxiety After A Car Accident
- No Win No Fee Solicitors For Anxiety Compensation Claims
- Essential Reference Guides Relating To Claims For Anxiety After A Car Accident
Car Accident Claims – How Much Compensation For Anxiety After A Car Accident?
If you’re considering claiming compensation for PTSD, you might wonder how much your mental health compensation payout could be. If a claimant is successful in claiming for mental trauma after a car accident, they could receive both special damages and general damages
The general damages head of claim compensates injured parties for their pain and suffering, caused by the injuries. It takes into consideration loss of amenity (loss of quality of life). The amount awarded depends on the nature and severity of the injury.
Additionally, your mental health compensation payout could be valued using the Judicial College Guidelines (JCG). It contains compensation brackets for different injuries.
This is a publication that solicitors handling cases in England and Wales could refer to. It gives rough guidance on compensation for PTSD and other injuries. However, it only includes general damages.
Injury Type Compensation
Psychiatric Damage Generally (a) (Severe) Where the victims will have severe life altering effects and a poor prognosis. £54,830 to £115,730
Psychiatric Damage Generally (c) (Moderate) Where, by conclusion of the case the victims symptoms have improved and the prognosis is good. £5,860 to £19,070
Psychiatric Damage Generally (d) (Less severe) Less severe cases with only minor impact. £1,540 to £5,860
Post-Traumatic Stress Disorder (Severe) (a) Affects the victims ability to earn a living, along with having all aspects of life affected. £59,860 to £100,670
Post-Traumatic Stress Disorder (Moderately Severe) (b) Majority of moderately severe PTSD awards unless there are extremes £23,150 to £59,860
Post-Traumatic Stress Disorder (Moderate) (c) The victim will have largely recovered with no long lasting or disabling effects. £8,180 to £23,150
Post-Traumatic Stress Disorder (Less severe) (d) Will settle within one to two years. £3,950 to £8,180
What Are Special Damages?
When claiming car accident anxiety compensation, you might also be eligible to receive special damages. This head of claim covers any financial losses or out-of-pocket expenses incurred as a result of your accident. Special damages are essentially designed to put you back in the same financial position that you were in before you were injured.
Other examples of financial losses or out-of-pocket expenses include:
- Travel expenses – travelling to and from your hospital or GP can cost you. Evidence you could use to prove this expense includes a bus or train ticket or a receipt for petrol or fuel.
- Prescription fees – if you have to pay for your prescription and you require medication for your mental health injury, you’ll need to keep hold of a receipt of your prescription to prove this cost.
- Doctor consultation fees – you may use a private hospital, meaning upon your visit you were charged doctor consultation fees. Retain any invoices from your hospital as evidence of this expense.
If you have suffered from panic attacks after a car accident and want to know the value of your claim, our expert accident claims solicitors could help you. Get in touch for free if you would like to know more information.
How Much Compensation Could I Get For Whiplash And Anxiety Under The Whiplash Reforms?
How much compensation for whiplash and anxiety you would receive for a claim under the Whiplash Reforms would be decided against the government’s tariff. You can find this within the Whiplash Injury Regulations 2021.
Within the tariff, there are two types of compensation awards that can be made. One relates to whiplash injuries (A). The other relates to whiplash injuries with minor psychological injuries (B).
So if you are making a whiplash and anxiety claim under the reforms, the psychological harm suffered can be compensated for as well.
Please note that the whiplash reforms relate to vehicle occupants only. Therefore, if you’ve suffered whiplash and anxiety after a car accident while riding a bicycle, motorbike or scooter or if you were injured as a pedestrian, your claim would not be affected by the reforms.
To learn more about which path your claim could take, or to check your eligibility to claim, please contact an advisor.
When Am I Eligible To Claim For Anxiety After A Car Accident?
As well as wondering how much compensation for anxiety after a car accident, you might also wish to know when it is possible to make a personal injury claim and pursue compensation for your injuries.
All road users have a duty of care toward one another. This means they must prevent harm to themselves and others while on the roads. They must adhere to the Road Traffic Act 1988 and follow the Highway Code to uphold this duty.
To have a valid claim for personal injury compensation, you would have to prove that:
- Another road user owed you a duty of care
- They breached this duty
- You were injured as a result
If this duty of care is breached, and you suffer harm as a result, you could potentially claim anxiety compensation. To learn more about claiming compensation for anxiety after a car accident, please contact an advisor. Alternatively, read on to learn more about the road traffic accident claims process.
Anxiety After A Car Accident – Evidence To Support Your Claim
If you are eligible to make a personal injury claim for anxiety after a car accident, collecting evidence to support your case is an important step in the claiming process. The evidence you gather needs to prove who was liable for the accident and that you suffered a psychological injury due to it.
Examples of the evidence you could use to help support your claim include:
- Medical evidence, such as a copy of your medical records confirming any physical and psychological injuries you’ve been diagnosed with.
- CCTV or dashcam footage of the accident taking place.
- Photographs of the accident scene.
- The contact information of anyone who witnessed your accident. They may be able to provide a statement later on.
If you contact our advisors today, they may connect you with one of our solicitors, who could help you with gathering evidence. They could also help answer any questions you may have, such as, ‘How much compensation for anxiety after a car accident could I receive for a successful claim?’.
Time Limit For Claiming For Anxiety After A Car Accident
An important part of claiming compensation after a car accident is making sure that you start your claim within the time limit. The time limit for road traffic accident claims is set out by the Limitation Act 1980, which states that you must begin your claim within three years of you sustaining your injuries.
There are some exceptions to this time limit. For example, if you are under the age of eighteen, then the time limit is suspended until your eighteenth birthday when it reinstates. From then, you will have until your twenty-first birthday to start your claim for psychological trauma after a car accident. A litigation friend can make your claim for you while you are a minor.
If you do not have the mental capacity to make a claim for yourself, then the time limit is suspended indefinitely. If it’s possible to recover the appropriate capacity, then the time limit will begin on the date of your recovery. If not, then a litigation friend can claim on your behalf.
Our advisors can give you more information about the time limits for claiming for psychological trauma after a car accident. Get in touch to learn more.
Following a car accident, anxiety can be something you can claim for. Our expert car accident lawyers can make the claims process less stressful by helping you gather evidence and covering the bases of your claim that you mightn’t think about. Get in touch at whatever time is most convenient for you to find out more.
No Win No Fee Solicitors For Anxiety Compensation Claims
If you are anxious after a car accident, you might be eligible to claim. A No Win No Fee solicitor could support your claim for psychological trauma after a car accident compensation. They could provide their services under a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
Your No Win No Fee solicitor typically won’t ask you to pay for their services upfront when they agree to represent your anxiety attacks after a car accident claim. Should your claim be successful, what is known as a success fee will be taken from your anxiety after a car accident settlement. A legal cap limits the amount that can be taken. If your anxiety attacks after a car accident claim isn’t successful, you usually won’t be asked to pay for your solicitor’s services.
Our advisors can discuss the potential of your claim. If your claim seems eligible, you could be passed on to our solicitors. To get in touch:
- Call us on 0800 073 8801
- Fill out a start your claim form
- Use the live chat
Essential Reference Guides Relating To Claims For Anxiety After A Car Accident
We sincerely hope that this online guide has been useful in outlining our solicitors’ services in relation to compensation for car incidents. In addition to the information within this online guide, we have provided some materials that we believe could be of use. You can find the relevant links located down below.
- Car Accident Claims
- Can I Make A Claim If I Was A Passenger In A Car Accident?
- Pedestrian Accident Claims
- NHS Generalised Anxiety Disorder
- Mind, Rethink Mental Health
- Citizen’s Advice On Car Accidents
Thank you for taking the time to read our guide on anxiety after car accident claims.