Learn How To Make A Personal Injury Claim For Depression
By Jade Smith. Last updated 21st June 2024. If you want to know how to make a personal injury claim for depression, Legal Expert is here to answer all your questions.
Whether you are in an accident at work, in a road traffic accident or elsewhere, the experience could leave you physically injured. However, the consequences of the event could leave you suffering from depression too. The psychological damage could prevent you from working or leading a normal life. If you have evidence that you’ve suffered this type of harm due to negligence by another party, you may be entitled to claim personal injury compensation.
A traumatic road traffic accident could leave you suffering from post-traumatic stress disorder (PTSD), or a workplace accident may leave you with anxiety issues. If you find it hard to stay positive and your mental health is negatively impacted, you could have grounds to seek compensation for the trauma you experienced.
Our guide aims to provide you with advice and information on how to go about proving an accident caused you to suffer depression. We explain what you should do to support your claim. We also explain how the consequences of psychological harm can impact your future life and livelihood.
For more advice and information please continue reading our guide by clicking on the sections that follow. Alternatively, if you would like to speak to a member of the Legal Expert team, please reach out using our freephone telephone number which is 0800 073 8804. Our lines are open 24 hours a day, 7 days a week.
Select a Section
- How To Make A Personal Injury Claim For Depression
- Accident Scenarios That Could Lead To A Depression Claim
- Examples Of Depression Compensation Payouts For The UK
- No Win No Fee Agreements For Psychological Harm Claims
- Discuss Your Claim With Legal Expert
- Additional Advice On Making A Personal Injury Claim For Depression
How To Make A Personal Injury Claim For Depression
You could be entitled to compensation if you suffer from depression after an accident. However, you must be able to prove the accident caused your condition. You also need to establish that the accident was caused by someone who owed you a duty of care, or you were only partly responsible. This means providing the following proof:
- A medical evidence
- Witness contact details
- Photos of your injuries and where the accident happened
- CCTV footage or dashcam footage if available
The Statutory Time Limit Associated with Personal Injury Claims
You must respect the statutory time limit when you file a personal injury claim. The deadline is 3 years from the date you were harmed. However, the time limit could begin from the date of awareness. Also known as the date of knowledge, this refers to the day when the injury or condition you’re claiming for was diagnosed or connected to negligence.
There are exceptions to the three year time limit which includes when a minor is harmed, or if a person lacks the mental capacity to file a claim themselves. To find out which time limit applies to your case, please get in touch with a member of our team today.
To discuss your case with one of our friendly advisers, please give us a call today. We provide you with an initial consultation which is free of charge. You can ask a member of our team any questions you may have about filing a personal injury claim for depression.
Accident Scenarios That Could Lead To A Depression Claim
You could develop post-traumatic stress disorder (PTSD) when you are involved in a serious accident. There are various traumatic events that could leave you suffering from PTSD and other psychological injuries. This includes:
- A serious road traffic accident. Such incidents can be very severe. So even if you just witness one, it could leave you with PTSD
- You could be the victim of a crime. The effects could leave you feeling helpless, vulnerable and unable to cope with life. All of these feelings are common symptoms of PTSD
- An accident in a public place could leave you traumatised and unable to forget what happened to you. Constant flashbacks of the incident could negatively impact your health and well-being
All road users should abide by the Highway Code which sets out guidelines to keep people safe whether in a car, or as a pedestrian. In addition, an employer must protect you in the workplace by adhering to the Health and Safety at Work etc. Act 1974. Supermarkets, shops, and council owned parks must make areas safe for the public by following the Occupiers’ Liability Act 1957.
If you can prove third party negligence led to an accident happening which left you traumatised, you could have grounds to sue. Legal Expert can help you file a claim for compensation. One of our friendly advisers can offer free advice on how to make a personal injury claim for depression.
Examples Of Depression Compensation Payouts For The UK
Compensation for successful psychiatric injury claims for stress and depression could be made up of two heads of loss. These heads are called special damages and general damages.
General damages will address how you have been psychologically and physically impacted by third-party negligence. If your claim is successful, then this head of claim will definitely be awarded.
Here are some factors that are looked at when general damages is being evaluated:
- Whether quality of life has been decreased.
- What your prognosis is.
- What treatment is needed.
During the process of the claim, you might be invited to attend an independent medical assessment. The reports from this, along with the guidelines from the Judicial College (JCG), can help evaluate this head of claim.
The JCG contains different physical and mental injuries and provides guideline compensation brackets for each one.
Guideline Compensation Table
We have taken some psychological injuries from the JCG and also included their guideline compensation brackets (the first figure is ours, however).
However, for your specific personal injury claim for depression, there is no guarantee for what set compensation award you could receive if your case is successful. The reason is that all claims are unique.
| Type of mental harm | Severity of harm | Potential compensation |
|---|---|---|
| Multiple serious types of mental harm plus special damages | Serious | Up to £250,000+ |
| Psychiatric damage | Severe (a) | £66,920 to £141,240 |
| Moderately severe (b) | £23,270 to £66,920 | |
| Moderate (c) | £7,150 to £23,270 | |
| Less severe (d) | £1,880 to £7,150 | |
| Post-Traumatic Stress Disorder (PSTD) | Severe (a) | £73,050 to £122,850 |
| Moderately severe (b) | £28,250 to £73,050 | |
| Moderate (c) | £9,980 to £28,250 | |
| Less severe (d) | £4,820 to £9,980 |
Special Damages
Special damages will address how you have been financially impacted by third-party negligence. If your claim is successful, then this head of claim might possibly be awarded.
Here are some financial losses that you might incur from suffering depression or other mental health illnesses:
- The costs for therapy and counselling.
- Loss of earnings for requiring time off work to recover from your illness.
- Travel costs to and from appointments and sessions to treat your condition.
Since this head of claim is not guaranteed to be awarded if your personal injury claim for depression is successful, having evidence to support you is vital. Such evidence can include payslips, invoices, bank statements, and receipts.
If you have an eligible personal injury claim for depression and want to find out more about how your potential compensation could be calculated, please don’t hesitate to contact us.
No Win No Fee Agreements For Psychological Harm Claims
Providing you have grounds to sue for compensation, you could make a personal injury claim for depression on a No Win No Fee basis. This is where Legal Expert can be of assistance because all our solicitors offer these terms. You only pay a No Win No Fee lawyer when you win your case. You pay the amount (success fee) out of your compensation payout.
If your case does not succeed, you won’t pay the No Win No Fee solicitor their legal fees. Call us now to find out whether you have grounds to make a No Win No Fee personal injury claim for depression.
We provide an initial consultation to everyone who gets in touch which is free of charge.
Discuss Your Claim With Legal Expert
To discuss your claim with one of our experienced, friendly advisers, please get in touch today. We have the necessary expertise to manage your case. A member of our team will provide essential advice on how to make a personal injury claim for depression.
Call us now to find out if you can make a No Win No Fee claim on 0800 073 8804. You can reach an adviser 24 hours a day, 7 days a week. Alternatively, you can get in touch in the following ways:
- Email at info@legalexpert.co.uk
- Request a call back
- Live Chat
- Complete our online claims form
Call us now to find out if you have a valid claim and benefit from free legal advice and an initial, no obligation consultation which is also free of charge. A member of the team is here to answer all your questions on how to make a personal injury claim for depression.
Additional Advice On Making A Personal Injury Claim For Depression
Claiming compensation on a No Win No Fee basis
How to claim for psychological damage
More information on Post-traumatic stress disorder compensation
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