Personal injury guide

Can I claim for psychological injury after an accident

Not every injury after an accident is a physical one. What matters is the line between ordinary distress and a recognised condition.

Short answer

Yes. A recognised psychiatric injury, such as post-traumatic stress disorder, anxiety, or depression caused by an accident, can form part of a personal injury claim, either alongside a physical injury or, in some cases, on its own. Courts generally require the condition to be a diagnosable psychiatric injury, supported by medical evidence, rather than general upset or distress alone.

In more detail

Does normal distress after an accident count?

Ordinary shock or short-term distress following an accident, without a lasting diagnosable condition, generally isn't treated the same way as a recognised psychiatric injury for compensation purposes. What matters is whether a medical professional identifies a genuine, ongoing psychiatric condition connected to the accident.

What kind of evidence is needed?

An assessment from a psychiatrist or psychologist is usually central to this part of a claim, confirming the diagnosis and linking it to the accident. GP records showing you sought help around the relevant time can also support the claim.

Can I claim for psychological injury without a physical injury?

In some circumstances, yes, particularly where you witnessed a serious accident involving someone else, or were in genuine danger yourself even without being physically hurt. These cases can be more legally complex, so it's worth getting specific advice on your situation.

Does this apply to workplace accidents too?

Yes, psychological injury arising from a workplace accident, or from ongoing unsafe conditions, can be included in a workplace injury claim in the same way as a road traffic or public liability claim.

Common questions

Frequently asked questions

Do I need to already be receiving treatment to claim?

Not necessarily, though seeking help, from a GP or a mental health professional, both supports your wellbeing and strengthens the evidence for a claim.

Can psychological injury increase the value of a claim involving a physical injury?

It can be assessed as an additional element alongside the physical injury, rather than replacing it.

What if I'm not sure whether what I'm experiencing counts as a recognised condition?

That's a question for a medical professional to assess, not something you need to determine yourself before getting in touch with us.

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