When people think about claims for personal injury, the association tends to be with injuries that impact upon the physical body such as broken bones, strains and sprains, or perhaps injuries to the senses such as damage to sight, hearing or cognitive impairment.

Claims for personal injury as a result of road traffic accidents, incidents in the workplace, or on public or private property tend to be viewed as something that an outsider can actually see has impacted upon a person.

But what about injuries to our mental well-being, either as a result of a physical injury or as a stand-alone personal injury more widely referred to as psychiatric injury?

Can claims for this type of injury still be brought?

The simple answer is yes.

If you can prove that as a result of a third party’s negligence you have suffered a recognised psychiatric illness, then a claim for personal injury and loss can potentially be brought, even if there is no physical injury attached to the incident or accident that caused you to suffer the psychiatric injury.

Examples of some recognised psychiatric illnesses include:

• post-traumatic stress disorder (PTSD)  
• depression 
• chronic fatigue syndrome 
• anxiety disorders; and 
• adjustment disorders.

So what are the symptoms of these psychiatric illnesses?

Symptoms of psychiatric injury can include

•  nightmares or flashbacks
•  sleep disturbance or insomnia
•  anxiety
•  headaches
•  lack of concentration
•  panic attacks
•  agoraphobia
•  hyper-vigilance
•  suicidal thoughts.

It is worth noting that psychiatric injury does not include temporary upset, grief or distress.

So how do you prove that you have suffered a psychological injury, whether that is claimed in addition to any claim for physical injuries, or as a standalone injury resulting from a third party’s negligence?

You would need to obtain a report from a psychiatrist confirming that you have suffered a recognised psychiatric injury.

Claims for psychiatric injury as a result of an accident or a third party’s negligence tend to be far more complex than proving a physical injury, but these psychological injuries should never be underestimated in terms of just how damaging and life-changing they can be.

Psychiatric injuries can arise just as easily from road traffic accidents, incidents in the workplace (such as stress at work claims), are suffered following accidents on public or private property, or as a result of perhaps a criminal offence.

At Prettys, we have extensive experience of dealing with claims involving psychiatric injuries either as part of a claim for physical injuries or as stand-alone claims.

If you, therefore, have suffered psychiatric injury or illness as a result of someone else’s negligence or fault, please contact us at 01473 232121 or email Louise Plant on lplant@prettys.co.uk