Filing a Claim for Psychological Injury: What You Need to Know

Psychological injuries can be just as debilitating as physical ones. Whether caused by workplace stress, road traffic accidents, assault, or witnessing traumatic events, the long-term effects can be life-changing. We’ve compiled a comprehensive, step-by-step guide on how to file a claim for psychological injury, ensuring you understand your rights, the process, and how to maximise your psychological trauma compensation.

Understanding Psychological Injury

A psychological injury refers to a mental health condition resulting from a traumatic event or prolonged stress. Common examples include:

• Post-Traumatic Stress Disorder (PTSD)
  
  

• Depression and anxiety
  
  

• Adjustment disorders
  
  

• Sleep disturbances
  
  

• Panic attacks
  
  

These conditions may stem from various causes such as:

• Harassment or bullying at work
  
  

• Exposure to violence or threats
  
  

• Involvement in or witnessing an accident
  
  

• Medical negligence
  
  

• Domestic abuse
  
  

Eligibility Criteria for a Psychological Injury Claim

Before initiating a claim, it’s essential to determine if you meet the basic legal criteria. In general, a valid claim for psychological trauma compensation requires:

• A diagnosed psychological condition (by a qualified mental health professional)
  
  

• Evidence that the trauma was caused by a third party’s negligence or wrongdoing
  
  

• Proof of impact on your daily life or ability to work
  
  

In some jurisdictions, claims may also be permitted for secondary victims individuals who witnessed a traumatic event involving a loved one.

What Can You Claim For?

When filing a claim for psychological injury, compensation can cover:

• General damages: Pain, suffering, and loss of amenity
  
  

• Special damages: Financial losses including:
  
  

• Loss of earnings
  
  

• Future loss of income
  
  

• Medical expenses (therapy, counselling, medications)
  
  

• Travel costs for treatment
  
  

• Care and assistance (even informal care by family/friends)
  
  

Evidence Required to Support Your Claim

A strong claim is always supported by detailed, well-documented evidence. Key evidence includes:

• Psychiatric or psychological assessments (DSM-V or ICD-11 diagnosis)
  
  

• GP and hospital records
  
  

• Accident or incident reports
  
  

• Witness statements
  
  

• Employment records showing absences or performance issues
  
  

• Financial documents showing loss of income or increased expenses

Role of a Psychological Injury Solicitor

An experienced solicitor ensures:

• Your claim is correctly filed within limitation periods (usually 3 years in the UK)
  
  

• You undergo an independent psychological evaluation
  
  

• All financial losses are properly calculated and included
  
  

• They negotiate a fair settlement or represent you in court if needed
  
  

A solicitor works on a "No Win, No Fee" basis in many cases, reducing financial risk for the claimant.

Psychological Trauma Compensation Payout Amounts

While every case is unique, average compensation ranges (UK guidelines):

Note: Figures depend on jurisdiction and specific case details.

Claiming Through CICA (UK)

For victims of violent crime, the Criminal Injuries Compensation Authority (CICA) allows psychological injury claims under certain conditions:

• Incident reported to the police within 48 hours
  
  

• Application made within 2 years of the event
  
  

• Must meet minimum severity thresholds (e.g., two years of counselling)
  
  

Time Limits and Deadlines

Most psychological injury claims must be initiated within three years from the date of injury or diagnosis. Exceptions may apply for:

• Minors (time starts at age 18)
  
  

• Individuals lacking mental capacity
  
  

• Claims through CICA (2-year deadline)
  
  

Employer Liability and Workplace Psychological Injury

Employers have a duty of care under the Health and Safety at Work Act. Failing to prevent:

• Workplace bullying or harassment
  
  

• Excessive workload
  
  

• Unsafe environments
  
  

can result in employer liability for psychological injuries. Employers are expected to conduct regular risk assessments and respond promptly to mental health complaints.

Maximising Your Psychological Injury Compensation

To ensure you receive full compensation:

• Act quickly: Initiate your claim as soon as possible
  
  

• Engage mental health professionals: Ensure accurate diagnosis and treatment plans
  
  

• Document everything: Emails, messages, incident logs, therapy sessions
  
  

• Follow treatment plans: Non-compliance can reduce compensation
  
  

• Work with specialists: Use solicitors experienced in psychological trauma cases
  
  

Frequently Asked Questions

Can I claim if I wasn’t physically injured?

Yes. You can file a psychological injury claim even without a physical injury, as long as your mental health condition is medically recognised and was caused by someone else's fault.

Will I have to go to court?

Most cases are settled out of court. However, if a fair settlement cannot be reached, court proceedings may be necessary.

What if I developed symptoms years later?

You may still claim if the symptoms were not immediately apparent. In such cases, the time limit may start from the date of diagnosis, not the event.

Final Thoughts

If you've suffered a psychological injury, don't hesitate to seek justice. Filing for psychological trauma compensation is not just about financial recovery it's about holding the responsible party accountable and accessing the support you need to heal. Partner with experienced legal professionals, understand your rights, and take decisive action.