Psychological injuries can be just as painful and long-lasting as physical ones. If you’ve suffered emotional distress because of someone else’s actions or negligence, you might be entitled to claim compensation. In this article, we’ll break down everything you need to know – from what qualifies as a psychological injury to how much compensation you could receive.
What Is a Psychological Injury?
A psychological injury refers to emotional or mental harm rather than physical damage. This can include:
- Post-Traumatic Stress Disorder (PTSD)
- Depression or anxiety
- Sleep disturbances
- Phobias or panic attacks
- Loss of enjoyment in life
These conditions often arise after serious incidents such as accidents, assaults, or witnessing traumatic events.
Can You Really Claim for It?
Yes, under UK personal injury law, psychological injuries are recognised just like physical ones. You can bring a compensation claim if:
- The injury was caused by someone else’s negligence or unlawful act
- You’ve been diagnosed by a medical professional
- It has had a serious impact on your life (e.g. work, relationships, mental wellbeing)
Examples of Situations Where You Might Claim
Here are some common scenarios where psychological injury claims arise:
1. Road Traffic Accidents
Even if you weren’t physically harmed, witnessing a serious crash or being involved in one can cause lasting trauma.
2. Workplace Stress or Harassment
Long-term stress, bullying, or harassment at work can lead to anxiety, depression, or breakdowns.
3. Medical Negligence
Being misdiagnosed, receiving poor care, or experiencing traumatic treatment may lead to mental anguish.
4. Witnessing a Traumatic Event
If you witnessed a fatal accident or the serious injury of a loved one, you may suffer psychiatric harm.
5. Assaults or Abuse
Victims of physical, sexual, or emotional abuse often experience significant long-term psychological injuries.
Primary vs Secondary Victims: What’s the Difference?
The law in this area often distinguishes between primary and secondary victims:
- Primary victims are directly involved in the incident (e.g. someone injured in a car crash).
- Secondary victims are witnesses or close relatives who suffer psychological harm from what they saw or experienced.
Secondary victims usually have to meet more conditions to succeed in their claim, such as proving a close relationship and proximity to the event.
Do You Need Medical Evidence?
Absolutely. To claim compensation for psychological injuries, you must provide medical evidence from a GP, psychiatrist, or psychologist. This helps prove that:
- You genuinely suffered a recognised psychological condition
- The condition was caused by the incident in question
Your solicitor will usually arrange an independent medical assessment as part of the claim process.
How Much Compensation Could You Receive?
The amount of compensation varies depending on how severe your symptoms are and how long they last. Here are some general guidelines from the Judicial College Guidelines (JCG):
| Severity | Description | Approximate Compensation |
| Severe | Long-lasting, serious effects on daily life, relationships, and work | £54,000 – £115,000 |
| Moderate | Ongoing issues but with some improvement over time | £19,000 – £54,000 |
| Mild | Symptoms resolve within a few months | Up to £5,000 – £19,000 |
These are just rough estimates – your final payout could include additional amounts for loss of income, therapy costs, and future care if needed.
What Is the Time Limit for Making a Claim?
Generally, you have 3 years from the date of the incident or from when you first realised your mental health condition was caused by it. However, there are exceptions:
- Children: Claims can be made at any time until their 18th birthday. Then they have 3 years to claim as an adult.
- Mental incapacity: If the person is not mentally capable of handling their own affairs, the time limit may not apply until they recover.
What If It Happened at Work?
If your psychological injury was caused by workplace stress, bullying, or overwork, your employer could be liable. Employers have a legal duty to protect your mental health just as they would your physical safety.
To claim, you’ll need to show that your employer:
- Knew or should have known about the risks to your mental health
- Failed to take reasonable steps to prevent harm
- Your injury was a foreseeable consequence of their actions or inaction
No Win No Fee Claims
Most psychological injury claims can be handled on a No Win No Fee basis. This means:
- You don’t pay upfront legal costs
- If your case is unsuccessful, you won’t pay your solicitor’s fees
- If successful, your solicitor takes a small percentage (usually capped at 25%) of your compensation
It makes it easier and less stressful to pursue your claim.
What Should You Do Next?
If you believe you have suffered a psychological injury, here’s what you should do:
- Seek medical help – Get a diagnosis and any necessary treatment.
- Write everything down – Keep a diary of your symptoms, treatment, and how the injury affects your daily life.
- Speak to a solicitor – A specialist personal injury solicitor can assess your case and explain your options.
- Gather evidence – If possible, get witness details, reports, or records that can support your claim.
Conclusion
So, can you claim compensation for psychological injuries? Yes, you absolutely can – as long as you can prove the injury was caused by someone else’s negligence and it’s had a significant impact on your life. These cases may be more complex than physical injury claims, but with the right legal support, many people receive the justice and compensation they deserve.
If you’ve been affected, don’t suffer in silence – speak to a solicitor and find out where you stand.