Psychological Injury Claims
Many personal injury claims are very physical in nature. This is often due to it being seemingly easier to prove a physical injury and attribute it to a specific accident and determine who is responsible. The same can’t be said when it comes to psychological injury claims – or so people think.
It is completely possible to claim for psychological trauma. You must be able to attribute your psychological decline to a traumatic event which was caused by the negligent behaviour of someone else. Only then will you be able to claim compensation.
Causes of Psychological Trauma
While many psychological trauma claims come as part of a personal injury claim, it is possible to submit one for just the psychological injury that you have sustained. As with personal injury claims, the symptoms must be experienced for several weeks to months following the initial trauma.
Psychological trauma can be a result of many types of incidents or events. These are often sudden in nature and unpredictable, such as:
- Car accidents
- Assault
- Robbery
- Witnessing a crime
- Serious illness
Events which cause emotional trauma can result in conditions which are long-lasting, and often life-long and debilitating for the sufferer.
Conditions that occur as a result of psychological trauma include:
- Anxiety disorders
- Depression
- Worsening of an existing medical condition
- Mood disorders
- Post traumatic stress disorder
Can I Claim for Psychological Trauma?
When looking to put in a psychological injury claim, there are two types of victims which have differing criteria which need to be met in order for their claim to be successful.
Primary Victim Claims for Psychological Injury
Claims for psychological injury often come from primary victims of trauma. These are people who are directly involved with an accident or traumatic event, and their psychological trauma can be attributed to someone else’s negligent actions.
Secondary Victim Claims for Psychological Injury
Even if you haven’t been directly involved in an accident, but have witnessed one occurring and suffered psychological trauma, you could be entitled to compensation for psychological injury, but only if you meet the following requirements:
- They must have a close relationship with the primary victim, such as their parent, guardian or partner.
- They must have been at the scene of the accident or event. Claims from people who learned of an incident after it occurred cannot claim compensation.
- The negligence of another part needs to be proven on behalf of the primary victim of the trauma..
Can I Claim If I Have an Existing Condition?
It is possible to claim if your existing condition has worsened following a traumatic incident, but it will need to be proven that the change in severity is a direct result of the event in order to be a valid claim
Common Symptoms of Psychological Injury
Symptoms of psychological trauma can vary depending on the person and the circumstances of the condition that they develop as a result. However, victims can usually experience the following:
- Flashbacks
- Insomnia
- No motivation
- Heart palpitations
- Dizziness
- Shaking
- Difficulty concentrating
Psychological injury compensation claims
Your claim will be heavily dependent on how the psychological trauma has affected your life, and the money you recieve will reflect the loss of earnings that you have undergone during your experience with psychological trauma. This can also help cover the cost of treatment of your condition which may not always be available for NHS cover.
However, it is important to remember that every case is individual, and each claim will be processed on a case by case basis, taking into account all your personal circumstances.
If you believe you have suffered psychological trauma following a serious incident involving yourself or a loved one, you may be able to claim compensation for psychological injury. Get in touch with our expert personal injury solicitors and start your compensation journey today by calling 01772562084 or complete our psychological injury compensation claim form below.