Claiming compensation for psychological damage

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By Oliviah Rix-Taylor

on Wednesday 25 April 2018

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What is psychological trauma?

Psychological trauma has no visible outward signs but the symptoms can be as life-altering and debilitating as a physical injury. Sufferers from psychological trauma usually experience related anxiety disorders and depression. The effects are serious, and a court will consider the result of these effects on your life with the same weight given to a physical injury.

The psychological damage can be caused from traumatic of stressful events such as an assault, work based incidents or possibly a car crash.

Symptoms usually include; flashbacks and painful memories, these can lead to sleep deprivation and withdrawal. A person may also experience feelings of isolation, depression and anxiety, which can then further exacerbate their sense of loneliness and isolation.

You may not be the primary sufferer of the trauma. Secondary sufferers may also make a claim for compensation. Secondary sufferers may include the child or parent of an affected person who bore witness to their loved ones accident. As a secondary sufferer you must have been at the scene of the incident or arrived soon after. Effects caused upon learning of your loved ones trauma cannot be treated as personal injury claim on the grounds of negligence.

A primary sufferer is the person who was directly involved in the traumatic incident that lead to their psychological damage.  If the damage was caused by someone who owed you a duty of care but acted negligently – then you are entitled to make a claim for compensation against that person or party.

Claiming for compensation

Claims for psychological damage are not uncommon however, they can be complicated due to the nature of the personal harm. Often a psychiatrist will assess your symptoms and their assessment will be offered alongside any prior medical records or notes. Your account will then corroborate any other evidence provided and the court will decide whether or not you are deserving of a financial pay-out. The judicial college currently set the guidelines for compensation for psychological harm as;

Severity Compensation
Less severe - the award will consider the length of the disability experienced, phobias or anxity will relate to minor injuries£1,220 to £4,670
Moderate - there will be marked improvement and the prognosis will be good£4,670 to £15,200
Moderately severe - marked decrease in ability to cope with work, life and education but the prognosis is much more optimistic£15,200 to £43,710
Severe - the ability to cope with work, education and life has been damaged with future liklihood of vulnerability£43,710 to £92,240

It is important to note that your case may not reach court and could be settled outside of the court room via solicitor correspondence.

If you think you deserve compensation for suffering traumatic mental effects from an accident that wasn’t your fault then we can offer you advice and support. It is free to call us and you are under no obligation to start a claim. We are here to provide initial information and advice you with regards to your case.

Accident Line Direct understand that each case is unique and personal, requiring tailored knowledge and expert guidance to help you win your case.

Please be aware that an initial talk with one of our experts is required in order to establish if you have a case due to current regulations surrounding personal injury law. We always aim to be understanding and professional when listening to your experiences.

Give us a call today and find out how we can help


0808 1454275

Accident Line Direct can help you begin your potential claim, get in touch today!