You can claim psychological injury damages as part of your compensation

When most people think of a personal injury compensation claim, they usually consider injuries such as a broken arm or whiplash. They will certainly be thinking of a physical injury that is visible. However, as well as physical injuries, a claimant should be aware that psychological trauma is also something for which they can claim.

At Direct2Compensation, we realise that making a claim for personal injury compensation is not just about the money. Indeed, we regularly see many different motivating factors that lead to people contacting us for help, and we know that there are many benefits to making a claim other than a financial settlement.

One of these benefits is being able to access psychological rehabilitation therapies to speed your recovery, at the expense of the third-party you are claiming against.

Psychological injuries shouldn’t be ignored

By ignoring the psychological effects of their accident, a claimant of personal injury compensation could well be undervaluing their compensation settlement. When working out the value of a claim and what settlement a claimant is likely to receive, a solicitor will take in to account medical evidence and special damages. If a claimant has not properly reported their accident and injury details, including psychological injuries, it is harder to claim compensation for them.

As with all injuries, getting professional diagnosis and treatment of a psychological injury is vital when it comes to pursuing a claim for personal injury compensation.

Examples of psychological injuries that can lead to a compensation claim

  • One example of psychological injuries could be a claimant who was injured in a serious car accident. Let’s say they drove for a living and as a result of their accident suffered physical injuries, but were also left feeling unable to get back behind the wheel due to the psychological trauma. They may lose their job or have to change career. If they reported the injuries to their doctor and had treatment or a referral for psychological therapy, this would form a large element of their claim when the various criteria that make up the settlement value are evaluated.
  • Psychological trauma after a motorcycle accident.  These accidents are notorious for serious physical injuries, with often permanent disabilities resulting from a serious crash.  Psychological trauma often links with such incidents with people no longer confident to ride their motorcycle or being left suffering flashbacks or nightmares.  This can also apply to witnesses.
  • Post traumatic stress disorder after being involved in a serious accident at work.  Workplace accidents can cause nasty injuries, often with permanent repercussions for the victim.  A serious accident at work could lead to an employee losing the confidence to return to the workplace.
  • People surviving after being involved in fatal accidents, or anyone who has witnessed something in which someone has been very badly injured or killed in an accident.
  • Panic attacks.  Sometimes what can initially seem an innocuous accident like an elderly lady falling on a damaged section of pavement can result in more than just a fractured wrist. We’ve come across people who have lost all confidence after a tripping accident and are no longer able to go out in to their local town alone. The fear of a repeat of an accident and the subsequent injuries is a real problem and although most people realise that they are unlikely to suffer the same kind of injury twice, they sometimes suffer a psychological barrier to getting out of the house.
  • One very common accident type that leads to ongoing psychological injuries involves people who have suffered brain or head trauma. In many cases, those who suffer such injuries are often left with severe post accident psychological trauma, behavioural changes or memory loss. Whilst such injuries are hard to see, they do exist and claimants often don’t know where to go for help.

Why claim psychological injuries compensation?

An obvious outcome of any successful personal injury claim is that the claimant will receive a compensation settlement. Whilst this is always welcome and can help the claimant move on after a nasty accident, there is no financial settlement amount that means that injuries or trauma can be forgotten and put away.

With Direct2Compensation, your psychological injuries compensation claim will be made on a No Win No Fee basis, so you will never be charged any fees at all if your claim does not succeed. A successful claim can lead to a compensation settlement being made to you, with the value of the claim including all lost income and incurred costs along with the potential access to rehabilitation therapies.

Remember, any person injured in an accident that was not their fault – whether physically injured, psychologically traumatised (or both) can make a claim for compensation, and Direct2Compensation can help.

  • Making a claim for psychological injuries compensation is a legal right for any person diagnosed with such a condition as a result of an accident that was not their fault
  • A successful claim will lead to the claimant receiving a financial settlement covering the extent of their psychological injury and how it has affected their life.
  • A successful claim settlement will include a special damages claim covering any loss of income caused by the psychological trauma.
  • The claimant could well access specialist rehabilitation therapies such as counselling, CBT treatments and other suitable therapy.

Access mental health therapies

Fortunately, most psychological injuries can be treated with therapies, where a psychologist will help an injured person to learn to re-programme the brain to reduce the symptoms of conditions such as post traumatic stress disorder (PTSD).

One of the potential outcomes of making a claim for psychological injury compensation, other than a financial settlement, could be accessing excellent medical treatments such as cognitive behavioural therapy (CBT), psychotherapy, counselling and other treatments. These can help people overcome the severe effects that psychological injuries can have on those who have been involved in nasty or distressing accidents.

Find out if you can claim

Clearly, most victims of personal injuries sustain what can be described as fairly minor injuries from which they can expect to make a full recovery, and therefore, no psychological trauma is likely to exist. However, in accidents that involve serious trauma it is likely that the injured party will have suffered shock and psychological injuries, and these can form part of the claim.

If you want help and advice on the issue of psychological trauma after an accident and wish to discuss a possible claim for personal injury compensation, please give us a call.  Your GP or health professional will also be able to assist you.

At Direct2Compensation we know how to help you pursue a psychological injury claim successfully. We’ll ensure that your rights are protected and help you begin to move on with your life with our supporting claims process and expert solicitors.

If you have suffered psychological injures as a result of an accident that was not your fault, you are entitled to claim. We can also advise you on how to report your injuries to the right people if you haven’t already done so.  Contact us on 01225 430285 or use the form and we’ll call you back.

Filed under Compensation Settlements

8 questions   ASK YOUR OWN

  1. Hi, There was a fire at my work place it all burnt down everyone got out. Since then its been two weeks i feel stressed and never feel like returning to a working environment also anxiety and just feeling shocked

    1. It sounds like you are describing symptoms that are best described as Post Traumatic Stress Disorder. When anyone is involved in or witness to a shocking or distressing incident – such as a huge fire in the workplace, it is understandable that psychological injuries can be sustained.

      In your case, you should definitely seek medical help from your GP and discuss your anxiety and concerns with them. Seeking medical attention is important on two fronts. Most importantly, you need to get the right help to make sure that your psychological situation is improved and that you can recover and move on. Secondly, if you do look to pursue a claim for compensation as a result of this workplace incident, you will need medical evidence to support your claim. You can find really useful information on our site on how claimants medical records are used to support their claim for compensation such as in this article.

      You may be able to succeed with a claim for compensation for your psychological trauma if it can be shown that the cause of the fire at your workplace was as a result of employer negligence.

  2. Hi, I wonder if you could advise. My partner gave birth to our son on the tenth of October this year. Basically, my partner was not given the care and attention she needed and pleas were left unanswered. Even I was told by a lead midwife she would not examine her for another hour at least. From 13:00hrs, I asked the question at 14:00hrs told them things had changed, still the same answer. Left in a room, no one checked her or placed her on a monitor. Eventually at 15:05hrs an examination carried out and she was put on a monitor, within 15 minutes the crash team was called and 14 members of staff rushed my partner to theatre for an emergency c section which did not happen as she had gone too far and our sons head was stuck on her cervix sending his heartache plummeting to 72bpm (should be between 110and 140bpm) he was delivered at 15:40 by suction. They then turned the stitching up of my partner as she had torn into a training session for a new registrar without asking her. This traumatised her so much that she wouldn’t hold our son when offered. Upon leaving the hospital my partner had a post natal chat where she was told that without the crash team both her and our son could have died. 3 months later we are a happy family but even now we don’t speak a out the Labour as my partner breaks down in tears, quietly sobbing but saying she feels angry. Today we had a meeting with a lead midwife and a lead governess midwife who both wholeheartyapologised and admitted her treatment and care by them was a true failing, they have a six point mission statement which they say they didn’t even meet one point. We will receive an audio disc with all this on and a letter of apology from the trust. My partner again broke down while reliving this and they asked her if she had thought of councillors which she has now agreed to look into. All she ever wanted to be was a mother and even now she still says it’s like someone else gave birth to him. She’s a great mum, loving and caring but feels as though she was let down, ignored and neglected by the hospital and robbed of the becoming a mum, they also admitted that if a monitor had been in place things would have been a lot better and managed easier. Oh yeah, all this and no pain relief on top! Thanks

    1. Tom

      Thank you for taking the time to share your story regarding the birth of your Son. I am pleased to read that you are now well and living happily.

      The issue you raise is clearly one of great distress and given that the recent meeting you had with the Midwife and Management of the Midwifery team appears to have produced an admission of negligence, then you may well be able to claim compensation for the injuries and psychological trauma sustained.

      I would be of the view that any such claim would be a ‘clinical negligence’ matter and this is something we can help with. However, claims for compensation arising from clinical negligence are notoriously complex and difficult to run successfully, so we do need to manage expectations from the outset.

      May I suggest that you forward contact details to me by email so that we can speak on the phone and take some further information?

  3. Hi
    im really struggling with my solicitor. Its been 3 years now and it appears she has failed to pass on vital info to the other side. They have admitted full liability but now ive to see a barrister.
    do I point out all the faults of the solicitor?
    In terms of special damages….my husband and I split up although it wasn’t all to blame on the accident but it was definitely the last straw especially when he got rid of my dog because I couldn’t walk her? But can I mention this? Also I had just finished my degree with a view to go into management and a higher paid job. Can I mention this? Although I can if I gained more confidence in myself go for that job, I would have been in the job had I not fallen.
    Thanks

    1. I am sorry to hear about your situation with your Solicitor. Obviously, without knowing the full details of your claim and the way that the defendants are handling your claim, it would be wrong of me to be critical of your Solicitor.

      However, if you feel that your Solicitor has not handled your claim correctly, you should certainly raise this issue with them. By doing so, you may find that they are able to give you a thorough explanation of the status of your claim that puts your mind at rest. Alternatively, it may allow them to address any errors made or give you evidence that they have made errors in the handling of your claim. In the end, if you are not satisfied with your Solicitors response to a complaint or grievance, you can then refer them to the Law Society/Solicitors Regulatory Authority and ask them to investigate your complaint and the handling of your claim.

      Regarding your special damages, you should certainly present every possible loss to your Solicitor and this could include the damage to your Marriage and earning capabilities. Whether or not you will be able to successfully claim for the damage to your relationship and career is uncertain, but you must make sure that you attempt to claim for those issues alongside the claim for your injuries and other losses.

      I hope that this information is of use to you and I wish you the best of luck with the remainder of your claim and your future.

      Best wishes

      Ian Morris

  4. Hello, I don’t no if I am on the right path here or if you will be able to help me. It will be 3 years in September my partner was attacked in our home after answering the door, he was stabbed numerous times in the arm which left him having to under go 4 hour surgery. this has made me terrified of answering the door and under no circumstances will I open the door if I am home alone. I don’t like been in the house alone either. this has had a great impact of my day to day living. thank you and look forward to hearing from you.

    1. Dear Jamie

      I am really sorry to hear about your situation and I can understand why you feel the way you do. There is a government funded scheme to compensate the victims of criminal assaults – it’s called the Criminal Injuries Compensation Authority (CICA). They have very strict guidelines regarding who they will and will not compensate, so I cannot at this stage say whether or not you will have any chance of claiming from them. You would certainly have had to report the details of your anxiety and distress to your GP and sought medical treatment.

      At Direct2Compensation we do not run CICA claims – because of the changes made to the legal system and claims process as a result of the Governments LASPO Act 2012.

      I will email you directly with a link for the CICA so that you can contact them directly to pursue this further. You do not need a Solicitor to pursue a CICA claim – you simply fill in an application and submit it to them.

      Best wishes

      Ian Morris

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