13 Feb Personal injury claim for psychological damage
If you were involved in a traumatic event caused by the negligence of a third party, you may be able to make a personal injury claim for psychological damage. This is possible even if you haven’t sustained any physical injuries.
What kind of psychological damage can I claim for?
Mental distress, upset or shock won’t be sufficient to make a successful claim. However, if you have suffered a diagnosable psychological injury or illness as a result of someone else’s negligence, you will be able to make a claim against them.
Psychological illnesses could include:
- Post-traumatic stress disorder (PTSD)
- Depression
- Anxiety
- Panic disorder
PTSD claims
PTSD is the most common injury which leads to a psychological damage claim. PTSD claims can arise after:
- Involvement in a traumatic incident, such as a road traffic accident or robbery
- Being a victim of medical negligence
- Suffering bullying and stress in the workplace
Some of the symptoms of PTSD include:
- Flashbacks
- Nightmares
- Pain
- Sweating
- Nausea
- Trembling
- Nervousness and irritability
- Difficulties sleeping
After a horrific accident, relatives of a victim who have witnessed the event or its aftermath can also make a claim if they have suffered from PTSD.
Proving a personal injury claim for psychological damage
After a traumatic incident, psychological damage is often not immediately evident. However, people have two years from the date of an accident to make a claim.
If you accept compensation before discovering the full extent of your psychological injuries, you can’t make any further claims. So speak to a personal injury solicitor before accepting an offer or settlement.
After an accident, seek treatment and diagnosis of your condition. If you are diagnosed with a medically recognised psychological illness, you can then pursue a claim.
These cases can be complex with complications arising around the cause of a mental injury: Was it definitely induced by the event? Did the person have a predisposition to psychological illness?
The impact of a psychological injury is completely different depending on the individual case and the person involved. For this reason, the Personal Injuries Assessment Board can find it difficult to assess these cases and will allow claimants to go directly to court without referring to them first.
Getting help with your claim
Because of the complexities of psychological damage, it is important to consult a personal injury solicitor to ensure you receive fair compensation. Damages should always include redress for any suffering, pain and psychological trauma inflicted, as well as costs incurred due to loss of earnings, medical fees and future expenses.
Contact Ferrys Solicitors LLP Personal Injury and Accident Solicitors Solicitors for advice on your case today.
