How Much Compensation For A PTSD Claim?
By Stephen Moreau. Last Updated 25th July 2024. You may want to make a post-traumatic stress disorder (PTSD) claim because you have experienced this mental harm through negligence. This guide will walk you through the process of claiming compensation, look at potential compensation awards and provide information about how a No Win No Fee solicitor could be beneficial to your case.
If you are considering making a PTSD claim, have you thought about getting some legal help to guide you through the claiming process? Hiring an injury lawyer could be a wise choice as they could streamline the entire process for you. Near the end of this guide, we look at how you can hire legal representation with no upfront costs to you.
To be eligible to make a PTSD claim, you must be able to demonstrate that a party owed you a duty of care.
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- PTSD Compensation Examples, Payouts And Amounts
- What Is Post-Traumatic Stress Disorder And When Could I Claim?
- PTSD Claims – Example Scenarios
- Gathering Evidence For A PTSD Claim
- Make A PTSD Claim With A No Win No Fee Lawyer
PTSD Compensation Examples, Payouts And Amounts
PTSD compensation payouts can consist of general damages and special damages. General damages are provided for anyone who makes a successful claim.
They compensate you for the pain and suffering your injury has caused you, both mental and physical. The total amount you could receive will depend on factors such as how severe your PTSD is, whether a full recovery is possible and how long it will take if it is.
Those who assess the value of a PTSD claim for general damages may use the Judicial College Guidelines (JCG) for reference. This document contains guideline compensation figures for various psychological and physical injuries, including PTSD.
Those seeking PTSD compensation examples can view the table for guidance below. It contains JCG figures for PTSD and similar injuries, except for the first entry, which is not based on the JCG document.
Injury | Severity | Compensation Bracket |
---|---|---|
Multiple Serious Injuries/Illnesses Plus Special Damages | Serious | Up to £250,000+ |
Psychiatric Damage | Severe (a) | £66,920 to £141,240 |
Moderately severe (b) | £23,270 to £66,920 | |
Moderate (c) | £7,150 to £23,270 | |
Less severe (d) | £1,880 to £7,150 | |
Post-Traumatic Stress Disorder | Severe (a) | £73,050 to £122,850 |
Moderately severe (b) | £28,250 to £73,050 | |
Moderate (c) | £9,980 to £28,250 | |
Less severe (d) | £4,820 to £9,980 |
Special Damages
You may be eligible to claim special damages in addition to general damages as part of your PTSD settlement offer. Special damages can cover any financial losses or expenses that are directly related to your PTSD. Examples of what may be covered by special damages include:
- Loss of earnings you’ve accumulated because you’ve needed to take time off while recovering from PTSD.
- The cost of certain therapies or other treatments received as part of your recovery.
- Travel costs you’ve accumulated to attend medical appointments. This could include train tickets and taxi or bus fares.
Evidence which could allow you to claim special damages can include documents such as wage slips, bank statements and receipts.
To learn more about how much compensation for PTSD you could claim if you have a valid case, contact our team of advisors for free today.
What Is Post-Traumatic Stress Disorder And When Could I Claim?
Post-traumatic stress disorder is an anxiety disorder which can be caused by an event that is very stressful, frightening or distressing. PTSD can potentially be caused by traumatic events such as an accident at work, a road traffic accident or a serious accident in a public place.
You may be able to claim compensation for PTSD if you can prove that:
- You were owed a duty of care
- This duty was breached
- You suffered harm as a result.
You can claim for a psychological injury, such as PTSD, by itself, or alongside a physical injury.
What Is Duty Of Care?
Who may have owed you a duty of care, and what the details of that duty are will depend on what type of accident caused your condition. Different types of accidents that may occur due to a breach in a duty of care owed to you can include the following:
- Accident at work – An accident at work can potentially cause both physical and psychological injuries. They can also potentially occur as a result of your employer breaching the duty of care which they owe you. Under the Health and Safety at Work etc. Act 1974, employers owe their workers a duty of care. Under this duty, employers are required to take reasonable steps in order to protect their workers from harm. The exact steps they should take will depend on the type of work undertaken but may include procedures like risk assessments and providing adequate training if workers need to carry out manual handling or use heavy machinery.
- Accident in a public place – If you are suffering from PTSD due to an accident in public, then the party responsible for controlling that public space may have breached the duty of care they owed you. Under what’s called the Occupiers’ Liability Act 1957, any parties that are responsible for having control of a public space owe a duty of care to any people who visit it to ensure their reasonable safety.
- Road traffic accident (RTA) – If PTSD has been caused by a serious road traffic accident, then you may have grounds to claim compensation if another road user is responsible for causing it. Road users owe each other a duty of care to use the roads in a responsible manner that avoids causing harm. They should also adhere to a piece of legislation called the Road Traffic Act 1988 and the rules set out in the Highway Code as part of their duty.
For more advice on your eligibility to start a PTSD claim and how to get support from a personal injury solicitor, contact our advisors for free today.
PTSD Claims – Example Scenarios
There are numerous kinds of serious accidents that you could be involved in that could potentially cause post-traumatic stress disorder. Examples may include:
- Being involved in a serious road traffic accident. As an example, if you were hit by a drunk driver as a pedestrian crossing at a junction, this could cause you to suffer from PTSD as well as physical injuries such as a broken leg.
- An accident at work. For example, if you had your arm crushed by faulty machinery, this could also cause you to suffer from PTSD.
- While in a shopping centre, you may fall from a height do to the railing on an upper floor of the supermarket being faulty. This could cause you to suffer from PTSD and a head injury, for example.
Whatever exact kind of accident has led you to suffer PTSD, you may have valid grounds to make a claim for compensation if you can establish that another party is responsible because they breached a duty of care they owed you, and this caused your psychological injury.
To learn more about how a PTSD claim could be started, contact our team of advisors for free today.
Gathering Evidence For A PTSD Claim
When making a claim for PTSD, you will need evidence that proves negligence occurred. The evidence that may be available for your PTSD claim will depend on what type of incident caused your injury and the circumstances surrounding it. Some examples of the evidence you could collect include:
- A copy of your medical records confirming that you have been diagnosed with PTSD.
- Any video footage that shows how the incident that caused your PTSD injury played out. For example, any CCTV footage that happens to be available.
- Photos of the accident scene. For example, a photograph of a car accident scene.
- If any witnesses saw the incident that caused your injuries, then you could request their contact details. They may be able to provide a witness statement that supports your account of how the incident played out.
If a solicitor is supporting your claim, then they can help you with gathering evidence for your claim.
Contact our advisors today if you have any questions regarding evidence or to receive some examples of compensation payouts for PTSD. Additionally, they could connect you with a solicitor on our panel who could help you collect evidence.
PTSD Claims – Time Limits
As per the Limitation Act 1980, the time limit for proceeding with the PTSD claims process is three years from the date of the accident or the date you became aware that a breach in duty resulted in you experiencing harm. The latter date is known as the date of knowledge.
If someone is unable to make their own claim, such as if they are under 18 or they lack the mental capacity to claim, a litigation friend may do so on their behalf. A suitable adult is usually appointed by the courts to act as a litigation friend and can be a parent or guardian.
If no claim is made on behalf of the child by the time they turn 18, they will have three years to start their own PTSD claim.
Speak to our advisors at any time and they can discuss how much compensation for PTSD you could receive. Alternatively, continue reading to find PTSD compensation examples.
Make A PTSD Claim With A No Win No Fee Lawyer
If you are eligible to make a PTSD compensation claim, you could have the support of a solicitor. They might provide their services under a type of No Win No Fee arrangement that is specifically called a Conditional Fee Agreement (CFA).
When you have the support of a No Win No Fee solicitor who can guide you through your case, they usually won’t ask for a payment to cover their services upfront. They typically don’t ask you to pay an ongoing fee either. Should they successfully recover compensation for PTSD, they will take a success fee from your award. The law limits how much they can take. However, if your lawyer doesn’t succeed, you usually won’t have to pay for their services.
If you would like to discuss PTSD claims, get in touch with our advisors. In addition to answering your questions about compensation payouts, they can assess your chance of success. If they think your claim is eligible to you could be connected to one of the solicitors from our panel.
To speak to an advisor:
- Call 020 3870 4868.
- Start your claim online.
- Use our live chat feature at the bottom of your screen.
Learn More About PTSD Claims
Other personal injury claims guides you may find useful:
- Broken back compensation claims in the UK
- How to claim for a fatal car accident
- How to claim for an accident in a public place
- Statutory Sick Pay – Government resource about the statutory sick pay you could be due after a work absence
- Report a Road Traffic Incident – Guide explaining how and when to report a road traffic accident
Call our advisors for help on how to claim compensation today.