How Much Compensation For A PTSD Claim?
By Lewis Aaliyah. Last Updated 3rd November 2023. 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 personal injury claims process, 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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Compensation For A PTSD Claim
Select A Section
- PTSD Compensation Payouts – How Are They Calculated?
- What Is Post-Traumatic Stress Disorder And When Could I Claim?
- Who Could You Make A PTSD Claim Against?
- PTSD Claims – Example Scenarios
- Gathering Evidence When Claiming PTSD Compensation
- Make A PTSD Claim With A No Win No Fee Lawyer
PTSD Compensation Payouts – How Are They Calculated?
Generally, PTSD compensation payouts can consist of two heads of claim. These are general damages, and special damages. The first head of claim, general damages, is awarded to every successful claimant as part of their PTSD settlement offer. General damages address your PTSD, and any other physical or psychological injuries you suffer. It also addresses the way these injuries affect your life.
When solicitors and other legal professionals calculate this head of claim, they’ll often refer to the Judicial College Guidelines (JCG). This is a document that lists physical and psychological injuries and provides guideline settlement brackets, including amounts of PTSD compensation. Examples of these guidelines taken from the 16th edition of the JCG are included in the table below.
| General Damages | JCG Calculated Bracket | Comments |
|---|---|---|
| Severe Psychiatric Damage (a) | £54,830 to £115,730 | Marked problems with ability to cope with aspects of life and interpersonal relationships. Questions around future vulnerability and treatment effectiveness. |
| Moderately Severe Psychiatric Damage (b) | £19,070 to £54,830 | Significant problems with areas mentioned in above bracket, but with considerably more optimistic prognosis. |
| Moderate Psychiatric Damage (c) | £5,860 to £19,070 | Prognosis for all areas mentioned above show marked improvement by time of trial with optimistic ultimate outcome. |
| Less Severe Psychiatric Damage (d) | £1,540 to £5,860 | Awards take into consideration length of the period of disability as well as how much sleep and activities are affected. |
| Severe Post-Traumatic Stress Disorder (a) | £59,860 to £100,670 | Involves permanent effects that prevent individual from functioning at pre-trauma levels. All aspects of their life have been severely affected. |
| Moderately Severe Post-Traumatic Stress Disorder (b) | £23,150 to £59,860 | Significant disability for the foreseeable future; however, prognosis with treatment is more optimistic than previous bracket. |
| Moderate Post-Traumatic Stress Disorder (c) | £8,180 to £23,150 | Individual will largely recover from their trauma, any remaining effects will not be overly disabling. |
| Less Severe Post-Traumatic Stress Disorder (d) | £3,950 to £8,180 | Virtually a full recovery within 1 to 2 years, though minor symptoms may continue beyond. |
Please note that this table is for illustrative purposes only, and the actual amount of compensation that you could receive may vary.
Special damages address the financial losses you suffer as a result of your PTSD. For example, if your PTSD is so severe you can no longer work, special damages could cover any lost earnings. Similarly, it could help you claim back the cost of prescriptions, travel, childcare, and more.
To learn more about what you could claim for in a PTSD compensation claim, contact our team 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 an accident such as an accident at work, a road traffic accident, or public place accident.
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.
A duty of care is a legal responsibility for someone else’s health and safety and can vary depending on the situation. There are several parties who owe a duty of care, such as employers, occupiers, and road users. Read on to learn more about the duty of care they owe.
Alternatively, for more information about making a PTSD claim in the UK, contact our team. Or, to learn more about the PTSD claims process, read on.
Who Could You Make A PTSD Claim Against?
Claims for PTSD may be carried out against different parties, however, a claim is only viable if you can prove liability. For example, if you are suffering from PTSD caused by a workplace accident that results from employer negligence, then under the Health and Safety at Work Act 1974 ‘ you could be eligible to bring forward a personal injury claim.
Similarly, the Road Traffic Act 1988 determines that road users owe one another and anyone else using the road a duty of care. If your PTSD is a result of a road traffic accident that was not your fault, then should there be a fault party, you could make the claim against them.
The Occupiers’ Liability Act 1975 determines that the person in control of a public space, known as the ‘occupier’, has a duty of care to visitors using the space for its intended purpose and must take reasonable steps to reduce the risk to them. A personal injury claim might be directed against the occupier if they were negligent.
PTSD Claims – Example Scenarios
Now that we have discussed PTSD compensation examples, let’s explore how you could suffer a mental health injury. As we’ve already discussed, you must be able to prove that your mental health injury was caused by a third party breaching their duty of care in order to claim.
For example, you may be able to make a PTSD claim after:
- Being involved in a car accident caused by another driver running a red light and crashing into you, causing your car to flip
- Witnessing a colleague suffer a life-changing injury in accident at work caused by faulty machinery that you had previously reported to your employer
- Slipping and falling on an unmarked spillage in a supermarket, causing a spinal injury that results in partial paralysis
These are only a few examples of how you could suffer from PTSD. To learn more about PTSD claims or to get more information on how a No Win No Fee solicitor from our panel could help you, contact our team today.
Gathering Evidence When Claiming PTSD Compensation Amounts
When making a personal injury 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 the incident that caused your PTSD injury. For example, any CCTV footage of the incident.
- 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 personal injury claims 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 claim. Similarly, if no claim is made for the person who lacks the mental capacity, they will have three years to start their own claim from the date they recover their mental capacity. However, in these instances, the time limit is suspended indefinitely.
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 claim, you could have the support of a No Win No Fee lawyer. They might provide their services under a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA).
When you have the support of a No Win No Fee lawyer, 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 PTSD 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 lawyers from our panel. Our lawyers typically offer their services on a No Win No Fee basis.
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
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