From sleepless nights and panic attacks to deep anxiety or flashbacks, a psychological injury after an accident can be just as life-changing as a physical one.
If you have been mentally affected by an accident that wasn’t your fault, you might be able to claim compensation for psychological trauma. In this guide, we’ll look at what counts as a psychological injury after an accident, when you can claim, what evidence you need and how much compensation you could receive.
We know dealing with trauma can be overwhelming, so we’ll take you through the process, in a simple, step by step way.
What is a psychological injury after an accident?
A psychological injury is any emotional or mental harm caused by a traumatic experience. This could mean PTSD, anxiety, flashbacks, panic attacks or depression. These are all injuries that can disrupt your daily life and last long after any physical wounds have healed.
The law recognises that emotional distress can be just as serious as physical pain. If someone else was to blame for your accident, you could be entitled to compensation for the psychological impact it has had on your life.
When can you claim for a psychological injury?
You can usually claim for a psychological injury if it was caused by someone else’s negligence or wrongdoing. The key is proving that your emotional distress is linked to an accident or incident that wasn’t your fault. These are some common accidents that might cause a psychological injury.
Road traffic accidents
Whether you were the driver, passenger or an outside witness, the emotional fallout of a crash can cause serious mental damage. PTSD, anxiety and panic attacks are common after a road traffic accident, even if you weren’t physically hurt. Witnessing someone else’s injury can also have a lasting impact.
Workplace accidents or near-misses
Workplace accidents like a fall from height, a machinery incident or even workplace bullying can leave lasting psychological scars. You might also be affected after witnessing a colleague get hurt. In any case, your employer has a duty of care to protect your mental and physical health.
Medical negligence and traumatic treatments
If you’ve suffered medical negligence due to a misdiagnosis, surgical error or lack of care, the emotional effects can be long-term. Many people develop anxiety around hospitals, doctors or medical treatment after a traumatic experience.
Physical assault or criminal injury
Surviving or witnessing violence, even without serious physical harm, can lead to deep trauma. If you’ve experienced a break-in, assault or violent crime, you may be able to claim psychological damage compensation through the Criminal Injuries Compensation Authority.
What evidence is needed to prove a psychological injury?
To make a successful emotional distress injury claim in the UK, you’ll need clear evidence that shows how the accident has affected your mental health. The most important types of evidence include:
- A formal diagnosis — You can get this from your GP, psychologist or psychiatrist to confirm your condition.
- Medical and therapy records — These reports show the progression of your symptoms and any treatment you’ve had for your injury.
- Statements from people who know you — Witnesses like friends, family or colleagues who’ve noticed changes in your behaviour can be essential.
- Accident or incident reports — This could be workplace records or logs that support your account of what happened.
If you’re unsure of how to get some of this evidence, we can help you gather what you need. Remember, the more detail you can provide, the stronger your claim will be.
How much compensation could you receive?
The level of compensation you might receive for a psychological injury will depend on how serious your condition is and how it’s affected your life. While every case is different all settlements split between two main types of damages:
- General damages — These cover the pain, suffering and emotional impact of your injury. This might be PTSD, anxiety or depression.
- Special damages — These cover financial losses like therapy costs, medication, lost earnings or time off work.
When deciding on general damages, UK courts refer to the Judicial College Guidelines. For a good idea of your psychological injury’s worth, use our compensation calculator.
Why choose Injury Lawyers 4u?
If you’re struggling after a traumatic experience, the legal process shouldn’t add to your stress. At Injury Lawyers 4u, we’ve supported hundreds of people through psychological injury claims, from PTSD after car accidents to anxiety caused by workplace incidents or medical mistakes. We know these cases need more than legal expertise. They need empathy, patience and clear, honest advice.
Can I claim for PTSD or anxiety after an accident?
And with our no-win, no-fee approach, there’s no financial risk to starting your claim. Ready to begin a claim with us? Simply get in touch and we can begin on your road to justice.
Frequently asked questions
If your trauma was caused by someone else’s negligence, you could be entitled to compensation.
What counts as a psychological injury?
Conditions like PTSD, anxiety, depression and panic disorders caused by a traumatic event count as psychological injuries.
How do I prove mental trauma legally?
You’ll need medical evidence to prove mental trauma, like a diagnosis and therapy records, along with witness statements or accident reports.
Can I claim without a physical injury?
Psychological injuries are recognised in law and can be claimed for on their own.
How much can I claim for stress or emotional distress?
The amount you could claim depends on your condition and its impact, but awards range from a few thousand to tens of thousands of pounds.
Do I need a mental health diagnosis to claim compensation?
A formal diagnosis from a GP or specialist is usually required to claim compensation for a mental health injury.
Can I get compensation for therapy costs?
Therapy and counselling expenses can be included as part of your psychological injury claim.