England & Wales
Solicitors for Psychological Injuries
An injury does not have to be visible to be real. Post traumatic stress disorder, anxiety and depression following an accident can be as disabling as a physical injury, and often last longer. Our personal injury solicitors and lawyers act for people across England and Wales who are living with these effects.
Psychological injury claims are sometimes viewed with scepticism by insurers, which is why the quality of the medical evidence matters so much. With a proper psychiatric or psychological report, these are legitimate claims and they are often substantial.
Free initial claim assessmentNo Win No Fee may be availableClients throughout England & Wales
Can I claim compensation for a psychological injury?
Yes, if the psychological injury was caused by someone else's negligence. A claim can be brought where another person, employer or organisation failed to take reasonable care and that failure caused the harm, and the harm can be psychological as well as physical. These claims still need medical evidence, usually from a consultant psychiatrist or a clinical psychologist, setting out the diagnosis, its cause and its likely duration and effect.
Post traumatic stress disorder is the condition most closely associated with accidents, and it can follow an event where the person feared for their life or witnessed something distressing. Symptoms include flashbacks, nightmares, avoidance of anything that reminds them of the event, and a heightened state of alertness that makes it hard to relax or sleep.
Anxiety and depression are also common after an accident, and they often arise together with a physical injury rather than instead of one. Chronic pain and psychological symptoms frequently reinforce each other, which means treating only one of them rarely resolves the position. The medical evidence should address how the conditions relate to each other.
Key takeaways
- Injury Law Specialists provides access to solicitors and lawyers handling psychological injury claims throughout England and Wales.
- Compensation has two parts: general damages for the injury itself, and special damages for the financial losses it caused.
- Most personal injury claims in England and Wales are subject to a three year limitation period.
- No Win No Fee may be available, subject to an assessment of the case and the funding terms.
- Legal services are provided by MB Solicitors, trading name of MB Legal Solicitors Ltd, regulated by the SRA under SRA ID 8000764.
Understanding psychological injuries
Diagnosing a psychological condition requires a proper assessment by a qualified professional, using recognised diagnostic criteria. This is not a matter of opinion, and a report that simply asserts that someone is distressed without a formal diagnosis and reasons for it will not carry much weight.
The question of cause is important and is often where these claims are resisted. The report should explain why the condition is attributed to the accident rather than to something else in the person's life, which requires the expert to consider the person's history as well as their current symptoms.
Post traumatic stress disorder
Flashbacks, nightmares, avoidance and hypervigilance following a traumatic event. Often chronic if untreated, and frequently accompanied by depression.
Anxiety disorders
Persistent worry, panic attacks and physical symptoms such as a racing heart, which can make ordinary activities such as driving or travelling very difficult.
Depression
Low mood, loss of interest, disturbed sleep and reduced energy, which can follow an accident as the person adjusts to changed circumstances and ongoing pain.
Adjustment disorder
An emotional reaction to a significant change or loss, such as losing a job or a capacity because of the injury, which can be significant even where it is not long lasting.
Travel and driving anxiety
A specific fear of travelling or driving following a road accident, which can have a substantial effect on work and independence.
Psychological injury alongside physical injury
Where the two combine, the overall effect is generally greater than either alone, and the claim should reflect the combined effect.
What evidence these claims need
A report from a consultant psychiatrist or a clinical psychologist is the core evidence. It should set out the diagnosis, the symptoms, the effect on daily life, what treatment is recommended, and the likely duration and outcome. Where the condition is expected to be long lasting, the report should say so clearly and explain why.
Evidence about the effect on work and relationships is also important, because psychological conditions often affect a person's ability to work and to maintain relationships more than the physical injury would. Statements from family or colleagues can help show the change in someone over time.
Evidence we look for
- A psychiatric or psychological report with a formal diagnosis
- Medical records, including GP notes before and after the accident
- Evidence about symptoms, their onset and their course
- Evidence about treatment received or recommended
- Evidence about the effect on work and relationships
- Statements from family or colleagues about changes noticed
- Employment records and evidence of lost earnings
- Evidence of any care, therapy or support needed
What compensation can include
Compensation is built from the injury itself and from the financial consequences it has caused. Both have to be evidenced, and what is recoverable depends on your own circumstances.
Pain, suffering and loss of amenity
General damages for the injury itself and the effect it has on your life, including the activities, work and everyday tasks you can no longer manage as before.
Loss of earnings
Pay lost while you were recovering, and where the injury affects your ability to work in future, the difference between what you would have earned and what you can now earn.
Medical and treatment costs
Treatment you have paid for, physiotherapy, prescriptions and private care, along with the cost of treatment you are likely to need in future.
Care and assistance
Help with household tasks, childcare, gardening and personal care while you recover, whether paid for or provided by family members who stepped in.
Travel and other expenses
The cost of getting to medical appointments, aids and equipment, and other expenses the injury has caused that can be supported by receipts.
Future losses
Where the injury has lasting effects, compensation can include future treatment, ongoing care, equipment, and the longer term effect on your earning capacity.
We do not publish figures for particular injuries, because compensation is not decided by the injury name alone. Two people with the same diagnosis can receive very different awards depending on severity, how long symptoms last, the medical prognosis and the financial losses each has suffered. Any reliable figure has to come from the medical evidence in your own case.
How personal injury compensation is assessedHow these injuries typically arise
The cause of the accident changes who the claim is brought against. It does not change the way the injury itself is assessed.
Solicitors for Road Traffic Accident Claims
Where the injury happened on the road, including as a driver, passenger, rider, cyclist or pedestrian.
Road traffic accident claimsSolicitors for Accidents at Work Claims
Where the injury happened at work because of unsafe conditions or an employer's negligence.
Accidents at work claimsSolicitors for Public Place Accident Claims
Where the injury happened on premises open to the public, such as a shop, restaurant or pavement.
Public place accident claimsSolicitors for Serious Injury Claims
Where the injury is life changing and long term care and future loss must be considered.
Serious injury claimsWhat our solicitors do for you
- Assess the circumstances and explain whether there may be grounds to claim
- Identify who was responsible and put the case to their insurer
- Gather the evidence, including records and footage before it is lost
- Instruct independent medical experts on the injury and prognosis
- Work out the value of the claim, including lost earnings and expenses
- Handle the correspondence so it does not land on you
- Advise on any settlement offer, including when to challenge one
- Issue court proceedings where they become necessary
Psychological Injuries: frequently asked questions
Can I claim for a psychological injury without a physical one?
Yes, in some circumstances. Where a person develops a recognised psychiatric condition because of an accident caused by someone else's negligence, a claim can be brought even without a physical injury. The key requirement is medical evidence establishing the diagnosis, that it was caused by the accident, and its likely duration.
What evidence is needed for a psychological injury claim?
A report from a consultant psychiatrist or clinical psychologist setting out the diagnosis, symptoms, effect on daily life and prognosis is the core evidence. GP records from before and after the accident are also important, because they help establish that the condition followed the accident rather than predating it.
What is post traumatic stress disorder?
It is a recognised condition that can develop after a traumatic event involving actual or threatened death or serious injury. Symptoms include intrusive memories or flashbacks, nightmares, avoidance of reminders, negative changes in mood and thinking, and a state of heightened alertness. It requires a formal diagnosis by a qualified professional.
Will the insurer accept that I have a psychological injury?
Insurers do sometimes approach these claims sceptically, which is why the quality of the evidence matters. A properly reasoned report from a qualified expert, supported by medical records showing when symptoms began, is difficult to argue with. Where a report is challenged, we can obtain a further opinion or put the evidence to the court.
Can I claim if the accident made an existing condition worse?
Yes. Where a pre-existing psychological condition is made worse by an accident, compensation can be claimed for the deterioration caused. The expert will usually be asked to separate the underlying condition from the effect of the accident, and the claim reflects only the latter.
How long does a psychological injury claim take?
Where the condition resolves within a reasonable period, a claim may settle within twelve months. Where the condition is chronic, or where the prognosis remains uncertain, it usually takes longer, because the claim cannot be valued properly until the likely long term position is clear.
Does the physical injury need to be serious for a psychological claim to succeed?
No. The two are separate, and a psychological condition can be significant even where the physical injury was modest or where the person escaped physical injury altogether. What matters is the effect of the condition on the person's life, which is what the medical evidence should address.
Is there a time limit for a psychological injury claim?
For most claims in England and Wales the limit is three years from the accident, or three years from the date you knew or ought reasonably to have known that you had suffered a significant injury. Where the symptoms emerged some time after the accident, the later starting point may apply. Anyone close to a deadline should take advice immediately.
The answers above explain the position generally. Nothing on this page is medical advice, and any medical questions should be directed to your treating team. Every claim turns on its own facts.
Who provides the legal services
Injury Law Specialists is a marketing and advertising platform and is not a law firm or a provider of regulated legal services. All personal injury legal advice, legal services, casework, representation, legal support, and any free initial assessment or consultation promoted or arranged through Injury Law Specialists are provided by MB Solicitors, a trading name of MB Legal Solicitors Ltd.
MB Legal Solicitors Ltd is a company registered in England and Wales under Company Number 12281731. The firm is authorised and regulated by the Solicitors Regulation Authority (SRA) under SRA ID 8000764 and is a member of The Law Society. Injury Law Specialists does not itself provide legal advice or carry out reserved legal activities. Any solicitor-client relationship arising from an enquiry will be directly between the client and MB Legal Solicitors Ltd.
Read our Regulatory InformationRelated injuries
Related information
Not sure whether you can claim for your injury?
Tell us what happened and a member of our team can explain whether there may be grounds to claim, what evidence would be needed and how the process would work. The assessment is free, and speaking to us does not commit you to anything.
Free initial claim assessmentNo Win No Fee may be availableClients throughout England & Wales