Psychological Injury Claims — No Win, No Fee
Last reviewed: September 2026 · EA Personal Injury Solicitors
A recognised psychiatric condition, such as PTSD, an anxiety disorder or depression, caused by an accident or another person's negligence can be compensated in the same way as a physical injury. If this applies to you, you may be able to claim on a no win, no fee basis; a success fee may be deducted if the claim succeeds.
TL;DR — Quick Summary
Key Points
- A recognised psychiatric diagnosis is generally required, not just distress or upset
- Claims can stand alone or accompany a physical injury claim from the same incident
- Independent expert psychiatric or psychological evidence is central to these claims
- Witnesses to a traumatic event face additional legal hurdles compared to those directly involved
- No win, no fee — if the claim succeeds, a success fee may be deducted from your compensation
Psychological Injury as a Recognised Legal Claim
English law recognises that the psychological consequences of an accident or another person's negligence can be just as real and life-affecting as physical injury. To succeed, you generally need a diagnosed, recognised psychiatric condition — such as PTSD, a generalised anxiety disorder, a depressive disorder, or a phobia directly linked to the incident — rather than ordinary, undiagnosed distress, fear or upset, however understandable that reaction is.
Common Causes of Psychological Injury Claims
- Road traffic accidents — PTSD or driving anxiety following a serious or frightening collision
- Workplace accidents — psychological injury following a serious accident, particularly where it was witnessed by colleagues or involved genuine danger to life
- Assault — anxiety, PTSD or depression following a violent attack
- Witnessing a serious accident involving a close family member — subject to additional "secondary victim" legal criteria
- Near-miss and life-threatening incidents — even without physical injury, a genuine and reasonable fear for your own safety can found a claim
- Prolonged workplace stress or bullying — a distinct and more demanding category of claim, requiring proof that the employer knew or ought to have known of a real risk to your mental health and failed to act reasonably
Primary and Secondary Victims
If you were directly involved in the incident that caused your psychological injury — a "primary victim" — the legal test is broadly the same as for a physical injury claim. If you were not directly involved but witnessed a traumatic event happening to someone else, particularly a close family member — a "secondary victim" — additional legal requirements apply, including the closeness of your relationship to the immediate victim, your physical and temporal proximity to the event or its immediate aftermath, and how you perceived it (your own senses, not simply being told about it afterwards). We can assess how these rules apply to your situation.
Establishing a Psychological Injury Claim
We instruct an independent consultant psychiatrist or psychologist to assess you, provide a formal diagnosis, and give an opinion on the cause, severity and likely prognosis of your condition. This expert evidence, together with your GP records and any counselling or treatment records, forms the core evidence for the claim.
What Compensation Can Cover
Compensation reflects the severity and duration of your condition, its impact on your daily life, relationships and ability to work, together with the cost of therapy, medication or other treatment, and any lost earnings caused by your condition.
Typical Compensation Amounts
The figures below are indicative brackets for the injury itself (general damages), based on the Judicial College Guidelines used by courts and insurers in England and Wales. Financial losses such as lost earnings, treatment costs and care (special damages) are claimed in addition, and in serious cases often exceed the injury award.
| Injury | Guideline bracket |
|---|---|
| Less severe psychological injury (short-term) | c. £1,500–£5,500 |
| Moderate psychological injury | c. £5,500–£19,000 |
| Moderately severe psychological injury | c. £19,000–£54,000 |
| Severe psychological injury or PTSD | c. £59,000–£120,000+ |
These brackets are a guide only — the value of your claim depends on the severity of your injury, your prognosis and your financial losses. We cannot promise or predict a specific outcome. See our full guide to compensation amounts or contact us for a free assessment of your claim.
No Win, No Fee Psychological Injury Claims
We act under a Conditional Fee Agreement. If the claim fails, you pay nothing. If the claim succeeds, a success fee may be deducted from your compensation. We understand these claims can be sensitive and will handle your enquiry with care.