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Can I claim for psychological injury compensation?

If you have suffered a psychological injury following an accident or negligent surgery, you may be entitled to claim psychological injury compensation, alongside your personal injury or medical negligence claim.

If you have not suffered any physical injuries, you may still be able to bring a claim for psychological injuries alone. These include claims made by ‘secondary victims’*, those who have witnessed a traumatic incident involving a loved one.

Types of psychological injuries

With a wealth of experience in handling such cases, we understand that injuries can often include those that are not visible. These can range from anxiety following a road traffic accident to post-traumatic stress disorder (PTSD) following a life threatening incident.

We have, on a number of occasions, acted on behalf of clients suffering a mental illness or mental health problem due to a negligent incident involving a health care professional or an avoidable accident.

Common psychological injuries that victims can suffer include:

  • Post-traumatic stress disorder (PTSD)
  • Depression
  • Anxiety
  • Chronic pain
  • Sleep Disturbance, flashbacks and nightmares
  • Dependency on drugs or alcohol
  • Travel phobia
  • Adjustment disorder

In severe cases, these invisible conditions can be more debilitating and disabling for a client than a physical disability or injury.

How to make a claim

A psychological claim is made in the same way as a claim for medical negligence or personal injury compensation. The individual will be assessed, in most cases by a Consultant Psychiatrist, to ensure an accurate diagnosis and future prognosis, with any recommended treatments, can be made.

Once established, compensation can then be claimed for the pain and suffering, loss of earnings, costs of any treatments or medications and any subsequent expenses that have arisen as a result of the psychological injury (such as travel costs associated with attending rehabilitation or medical appointments).

Compensation can also be claimed to ensure that any future treatment or rehabilitation can also be paid for.

*Secondary Victims

In order for a secondary victim to make a claim for psychological compensation, they must meet the following criteria:

  • Have a close tie of love and affection for the primary victim (e.g. a parent, child, spouse or partner).
  • Must have been at the scene at the time of the accident or the immediate aftermath and witnessed the event, which has then gone on to cause a recognized psychiatric injury (“depression” is not sufficient in this context)
  • Negligence has to be proven on behalf of the primary victim of the incident. 

At Morgan Jones Pett, our team work hard to secure psychological injury compensation payments, enabling our clients to access mental health care services and treatments as soon as possible to help aid their recovery.

If you think you have a claim, contact us on 01603 877000 or via email:

Let us take it from here.

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Morgan Jones & Pett Ltd is a company registered in England and Wales Registered No: 06236869. Registered office at: 18-20 Prince of Wales Road, Norwich, Norfolk, NR1 1LB. Authorised and Regulated by: The Solicitors Regulation Authority registration: 569813.