Can I Claim Compensation for Psychological Injury or PTSD?
Last reviewed: June 2026 · EA Personal Injury Solicitors
Yes. Psychiatric injuries — including PTSD, anxiety disorders, depression, and adjustment disorder — are fully recognised heads of damage in personal injury claims. You do not necessarily need to have a physical injury alongside the psychological harm. The key requirement is medical evidence demonstrating that the psychiatric condition was caused by the accident or event.
TL;DR — Quick Summary
Key Points
- Psychiatric injury is fully compensable — it does not require an accompanying physical injury
- Expert psychiatric/psychological evidence is required to substantiate the claim
- Primary victims (directly involved) have wider rights than secondary victims (witnesses)
- PTSD, anxiety, depression and adjustment disorder are all recognised conditions
- Psychological injury can significantly increase the overall value of a personal injury claim
Psychiatric Injury Is Legally Recognised Harm
English law recognises psychiatric injury as a form of personal injury that attracts compensation. The courts have long moved away from treating psychological harm as less legitimate or less deserving of compensation than physical harm — provided it is properly evidenced.
The leading case of Page v Smith [1996] established that a defendant who causes a foreseeable physical injury to the claimant is also liable for any psychiatric consequences, even if the psychiatric injury was not foreseeable in itself.
Primary and Secondary Victims
Primary Victims
A primary victim is someone who was directly involved in the traumatic event and was within the range of foreseeable physical danger — or reasonably believed they were. Primary victims can claim for psychiatric injury even without physical injury, and do not need to satisfy additional control mechanisms imposed on secondary victim claims.
Secondary Victims
A secondary victim is someone who suffers psychiatric injury as a result of witnessing harm to others. The House of Lords case of Alcock v Chief Constable of South Yorkshire Police [1992] established restrictive criteria:
- Close ties of love and affection with the primary victim (presumed for spouses and parents/children, must be proved for others)
- Proximity to the accident or its immediate aftermath
- Perception of the accident through their own senses (not via television or radio)
Secondary victim claims are more complex and require specialist legal advice.
Types of Psychiatric Injury That Can Be Claimed
- Post-Traumatic Stress Disorder (PTSD) — flashbacks, nightmares, hypervigilance, avoidance behaviours following a traumatic event
- Anxiety and panic disorder — persistent anxiety, panic attacks, phobias (e.g. fear of driving after an RTA)
- Depression — caused or materially worsened by the accident
- Adjustment disorder — difficulty adapting to a significant life change caused by the injury
- Chronic pain with psychological component — where psychological factors perpetuate pain beyond the expected recovery period
What Medical Evidence Is Required?
Psychiatric injury claims require a report from a suitably qualified expert — typically a consultant psychiatrist or, for less complex cases, a clinical psychologist. The report should:
- Diagnose the condition using recognised diagnostic criteria (ICD-11 or DSM-5)
- Address causation — whether the accident caused or materially contributed to the condition
- Give a prognosis — the expected trajectory and duration of symptoms
- Consider any pre-existing mental health conditions and the extent to which the accident aggravated them
Compensation Amounts for Psychological Injury
Using the Judicial College Guidelines (16th edition):
- Severe psychiatric damage: £54,830 – £115,730
- Moderately severe psychiatric damage: £19,070 – £54,830
- Moderate psychiatric damage: £5,860 – £19,070
- Less severe: £1,540 – £5,860
- PTSD — severe: £59,860 – £100,670
- PTSD — moderately severe: £23,150 – £59,860
Contact EA Personal Injury Solicitors for a free initial enquiry if you have developed a psychological condition as a result of an accident or traumatic event.