By Jo Anderson. Last Updated 1st December 2023. This guide will look at post-traumatic stress disorder (PTSD) compensation in the UK. We will take a look at the different factors that determine how much a personal injury claim for mental health damage could be worth.
We look at how compensation could be awarded and explain the eligibility criteria you must meet in order to make a psychological injury claim. Additionally, we look at how PTSD could result and provide examples to illustrate this.
If you have good grounds to claim PTSD compensation, you may like to have legal support. This guide concludes with the benefits of instructing a No Win No Fee solicitor to help with your claim.
Get in touch with one of the advisors from our team to discuss personal injury claims for emotional distress. The advice from our team is free. If you are eligible to claim, they can help you get started.
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Select a Section
- What Is Post-Traumatic Stress Disorder And When Could I Claim?
- Examples Of How PTSD Can Occur
- PTSD Compensation Chart For UK Claims
- How Long Do I Have To Claim For PTSD?
- Can I Claim For PTSD With A No Win No Fee Solicitor?
- Useful Links and Case Studies
PTSD, or post-traumatic stress disorder, is a mental health condition that affects those who have witnessed or been the victim of a traumatic incident. PTSD can cause nightmares, anxiety, and depression, and have a significant effect on your day-to-day life.
To claim PTSD compensation, you would need to be able to prove:
- Someone else owed you a duty of care
- This duty of care was breached
- The breach caused you to suffer a mental and/or physical injury.
Various parties owe you a duty of care in different scenarios, such as:
- Road users – All those using the roads owe a duty of care towards other road users to prevent harm or damage to themselves and others. They must follow the Highway Code, and adhere to the Road Traffic Act 1988 to uphold this duty.
- Employers – Your employer owes you a duty of care to take reasonably practicable steps to prevent you coming to harm while working. This is per the Health and Safety at Work etc. Act 1974 (HASAWA).
- Occupiers – Occupiers (those in control of public places) owe members of the public a duty of care under the Occupiers’ Liability Act 1957. They must take steps to ensure the reasonable safety of members of the public using their premises for its intended purposes.
If any relevant third party breaches a duty of care towards you, and you suffer PTSD as a result, you could be eligible to make a PTSD claim.
If you would like to check your eligibility to claim or learn more about PTSD compensation payouts, please contact an advisor.
As we have previously stated, in order to have a valid post traumatic stress disorder claim, you will need to prove that your psychological injury was caused by a relevant third party breaching the duty of care they owed you.
There are various ways that you could suffer a psychological injury, some examples could include:
- A Hairdresser fails to perform a strip test before bleaching your hair for the first time. This causes you to suffer an allergic reaction and burn injury on your scalp and you also suffer with PTSD from the incident.
- A drunk driver is driving down the wrong side of the road and crashes into you head-on. This could cause you to suffer with PTSD as well as physical injuries, such as a broken leg and brain damage.
- Your employer failed to maintain a piece of machinery at your job regularly. It malfunctioned, and this caused your arm to become crushed, and you suffer from PTSD.
These are just a few examples. To see whether you could be eligible to make a PTSD claim, please contact an advisor. They can check your case for free and advise you on the process of making a claim, as well as the PTSD compensation amounts that could be relevant to your case.
Are you wanting to make a claim for PTSD? Compensation success stories often will include two types of damages, general and special damages. This section includes a PTSD compensation chart that includes rough guidelines on how your injury may be valued.
Firstly, in a successful claim, your post-traumatic stress disorder compensation will include general damages to compensate for your suffering. In the PTSD compensation chart below, we’ve included figures from the Judicial College Guidelines (JCG), which was last updated in April 2022.
Rough guideline figures for injuries are provided by the JCG. It cannot tell you exactly how much compensation for PTSD you will receive as every case is different. Compensation payouts for PTSD may also include special damages, which we explore below. This first entry is not taken from the JCG.
|Multiple severe injuries causing severe pain and suffering and include financial costs and losses.||Up to £1,000,000||A combination of severe injuries that cause the claimant significant pain, suffering and loss of amenity, and also result in financial losses such as loss of income, travel and medical expenses, for example.|
|General psychological damage (Severe)||£54,830 to £115,730 (A)||Severe - There will be marked issues with the ability to manage life and work and significant future vulnerability.|
|General psychological damage (Moderately Severe)||£19,070 to £54,830 (B)||Moderately severe - Significant problems such as those above, but with a more optimistic prognosis.|
|General psychological damage (Moderate)||£5,860 to £19,070 (C)||Moderate - Problems such as those above but where there has already been significant progress and the prognosis is good.|
|General psychological damage (Less Severe)||£1,540 to £5,860 (D)||Less severe - Calculated according to the length of disability and issues with sleep, for example.|
|Post-Traumatic Stress Disorder (Severe)||£59,860 to £100,670 (A)||For the most severe PTSD cases with long-term or permanent loss of life quality.|
|Post-Traumatic Stress Disorder (Moderately Severe)||£23,150 to £59,860 (B)||Serious PTSD from which the patient will eventually recover to an extent with the assistance of professionals.|
|Post-Traumatic Stress Disorder (Moderate)||£8,180 to £23,150 (C)||Short-term episodes of PTSD in which there has been a good level of recovery with only minor symptoms prevailing.|
|Post-Traumatic Stress Disorder (Less Severe)||£3,950 to £8,180 (D)||Minor PTSD with trivial symptoms - Virtual recovery within 1-2 years.|
As stated above, post-traumatic stress disorder compensation may also include special damages. This head helps you recover costs incurred due to having PTSD. It may include:
- Medical expenses.
- Transport costs.
- Carer costs.
- Loss of earnings.
This list is not exhaustive. For more information about PTSD compensation, or guidance on using our PTSD compensation chart, please do not hesitate to call our advisors at any time.
If you’re considering claiming compensation for post traumatic stress disorder, you might wonder how long you’d have to do so.
The Limitation Act 1980 sets out the time limit you would have to start a claim. Usually, the limitation period is three years from the date of the accident. However, if you had only found out later your PTSD was caused by the accident, you could claim up to three years from the date of knowledge.
Some claimants may be under 18 or do not have the mental capacity to claim. In these instances, the time limit can be suspended and a litigation friend could claim on their behalf.
In the case of a child, they would have up until the child turns 18 to claim. After this point, the claimant can start a claim for themselves within 3 years.
In cases where an injured party lacks the mental capacity to claim for other reasons, the limitation period will only begin if they ever recover.
Starting a post-traumatic stress disorder claim might seem daunting, but one of our solicitors may be able to help. Working with a solicitor can come with many benefits, as they can help ensure that your claim is filed in full and that you are within the correct time limit.
Our solicitors work on a No Win No Fee basis by offering their clients a Conditional Fee Agreement (CFA). Under a CFA, you aren’t asked to pay an upfront fee to your solicitor in order for them to start working on your claim. Likewise, you don’t need to pay for their services during the process of your claim, and you won’t be expected to pay them for their work if your claim fails.
If your claim succeeds, then your solicitor will be due a success fee. This fee is taken straight from your compensation as a small percentage of your settlement, though there is a legal cap in place to help ensure that the larger share stays with you.
Our team of friendly advisors are on hand to help if you’d like to learn more about making a PTSD claim. Get in touch today for free advice and to start your free consultation, and a member of our team may be able to connect you with a solicitor. To get in touch:
- NHS Information on post-traumatic stress disorder: At the link above, there is some detailed information about post-traumatic stress disorder which has been published by the NHS. It covers the causes and treatment, as well as outlining the symptoms of PTSD.
- MIND information and advice for PTSD sufferers: At the link above, there is a series of pages published by MIND, which offer some good advice on dealing with a person suffering from PTSD, and how they can be helped to rejoin society.
- Restaurant Accident Claim: In this guide, we take a look at restaurant accident cases.
- Pavement Accident Compensation: Take a look at the link above where we discuss pavement accident claims.
- Accident in a Public Place: In the link provided above, we take a look at public place accidents in detail.
- Compensation for Stress Caused by Work: Find out how to claim for work-related stress caused by negligence.
- Average Payout for Soft Tissue Injuries in the UK Guide: Find out here how much you could potentially claim for a soft tissue injury in the UK.
- Permanent Scar Injury Claims Guide: Information on making a claim following a permanent scar.
Other Guides You May Find Useful
- Wrongful Death Claim Or Fatal Accident Compensation
- Clinical & Medical Negligence Claims
- Accident at Work Claims
- Get help if you suffered a burnt scalp from bleach applied by a hairdresser. Learn more about claiming compensation for scalp burns with our guide.
For more information on how a PTSD compensation chart could help you, please do not hesitate to call our advisors at any time.