Psychological injury claims are becoming increasingly recognised in the UK. But can you bring a personal injury claim if your mental health has suffered, even without any physical injury?
The short answer is yes.
If you can show that you have developed a recognised psychiatric condition as a result of someone else’s negligence, you may be entitled to claim compensation – even where no physical injury has occurred.
What is a Psychological Injury Claim?
When people think about personal injury claims, they often associate them with physical harm such as broken bones, sprains or damage to sight or hearing.
However, the law also recognises psychiatric or psychological injuries. These may arise:
- alongside a physical injury; or
- as a standalone condition, with no physical injury at all
These types of claims are often referred to as psychiatric injury claims.
Can You Claim Without Physical Injury?
Yes, it is possible to bring a claim for psychological injury on its own.
To succeed, you must be able to prove:
- that a third party was negligent; and
- that this negligence caused you to suffer a recognised psychiatric illness
It is important to note that general upset, grief or distress alone is not enough to form the basis of a claim.
What Counts as a Recognised Psychiatric Illness?
Examples of recognised psychiatric conditions include:
- Post-traumatic stress disorder (PTSD)
- Depression
- Anxiety disorders
- Adjustment disorders
- Chronic fatigue syndrome
These conditions must usually be diagnosed by a qualified medical professional.
What Are the Symptoms of Psychological Injury?
Symptoms can vary depending on the condition, but may include:
- Nightmares or flashbacks
- Sleep disturbance or insomnia
- Anxiety or panic attacks
- Headaches
- Difficulty concentrating
- Agoraphobia
- Hyper-vigilance
- Suicidal thoughts
These symptoms can have a significant impact on your personal, social and working life.
What Can Cause Psychological Injury?
Psychological injuries can arise in a wide range of situations.
Alongside physical injury
You may develop a psychiatric condition following:
- a road traffic accident
- an accident at work
- an incident on public or private property
In many cases, the impact of physical injuries on your day-to-day life can contribute to mental health difficulties.
As a standalone injury
Psychological injury can also occur without any physical harm, for example:
- workplace stress or pressure
- harassment or bullying
- sexual harassment or assault
- witnessing a traumatic event involving a loved one
How Do You Prove a Psychological Injury Claim?
Evidence is crucial in these types of claims.
You will usually need to obtain an independent medical report from a psychiatrist or psychologist, which will:
- confirm the diagnosis
- explain how the condition was caused
- outline the severity of the injury
- provide a prognosis for recovery
This evidence allows your solicitor to assess the value of your claim, in much the same way as for physical injuries.
Are Psychological Injury Claims More Difficult?
Claims involving psychiatric injury can be more complex than those involving physical harm.
This is because:
- the symptoms are less visible
- causation can be more difficult to establish
- strong medical evidence is essential
However, these injuries can be just as serious and life-changing, and should never be underestimated.
How We Can Help
At Prettys, we have extensive experience in handling:
- psychiatric injury claims linked to physical injuries
- standalone psychological injury claims
We understand the sensitive nature of these cases and provide clear, practical advice on your options.
If you believe you may have a claim for psychological injury as a result of someone else’s negligence, please contact Louise Plant
You can also visit our dedicated Personal injury pages here for more detailed information and support resources.
