You may be wondering what circumstances give grounds for a psychological injury claim. There are many ways in which you could experience an injury due to the negligent actions of a person or organisation. If you have experienced such a scenario, you could be able to claim compensation. Psychological injuries can be extremely isolating and make it difficult to cope with your everyday life. You can enquire about how to sue for emotional distress today, which could help you to recover the costs related to your injury.
Read this guide to find out if you could be eligible to claim compensation. We also discuss the process of claiming, with examples of accidents that you could claim for. You can also look at guidelines figures for how much compensation can be awarded for personal injury claims. Finally, we explain how a solicitor from our panel can help you with your claim.
You can contact an advisor at any point to receive free advice. They can explain the legal process and verify whether you have grounds to make a claim for compensation. If they determine that your case meets the criteria for a personal injury claim, you could be connected with a No Win No Fee solicitor from our panel.
You can get in contact by:
- Using the online chat box to speak to an advisor
- Call free on 08004087827
- Fill in our ‘Contact-Us‘ online form
Jump To A Section
- Am I Eligible To Make An Emotional Distress Claim?
- How To Sue For Emotional Distress
- How Could An Accident Cause Emotional Distress
- How Much Compensation You Can Get For Emotional Distress
- How Our Panel Of Solicitors Can Help With Your Claim
- More Information
Am I Eligible To Make An Emotional Distress Claim?
Before explaining how to sue for emotional distress, we must examine the factors that must apply when starting a claim. In order to be eligible, you must be able to prove:
- A person or organisation owed you a duty of care
- They failed to act out their duty
- You suffered emotional distress as a consequence
Under the law, you are owed a duty of care in various scenarios. A duty of care refers to the responsibility of a person or organisation to meet legal standards that protect people from harm, where appropriate.
When at work, your employer must take reasonable steps to protect employees from suffering harm, as per the Health and Safety etc. Act 1974. When your employer fails to enact this, you could be eligible to start a workplace accident claim for your injury.
You are also owed a duty when you are in a public space. This is determined by the Occupier’s Liability Act 1957, which states that an occupier must take appropriate measures to protect the safety of visitors. The occupier refers to the person in charge of the space, such as a manager or staff member. When an occupier’s negligent actions cause you injury, you could claim for an accident in a public place.
Furthermore, all people using the road owe each other a duty. They must uphold guidance and laws. These include the Highway Code and Road Traffic Act 1988. For example, you must follow rules about drink driving. If a road user injures you due to not following the law, you can start a road traffic accident claim.
You can contact an advisor if you have any questions about claiming for a road traffic, workplace or public liability accident. They can help you if you’re not sure about your eligibility.
How To Sue For Emotional Distress
Now that you have read the eligibility criteria, you may wonder how to sue for emotional distress. Keep reading to learn about various aspects of the process.
Gather Evidence To Support Your Claim
You will need to provide evidence in order to proceed. This can include:
- A copy of your medical records to show the psychological injury you have suffered
- Payslips and bank statements to show expenses or lost income
- Contact details of eyewitnesses- people who saw your injury may be able to provide witness accounts later
- Accident reports- this could apply if you suffered your injury at work or in a public place
Will I Need To Have A Psychological Exam?
You may need to undergo a psychological exam as part of the claim process. This would assess the level of emotional distress you have experienced and how it impacts your daily life. It would also provide an expert opinion on the matter, which may support your claim for compensation.
How Long You Have To Start A Claim
Generally, personal injury claims must begin within three years from the date of the incident. However, the time frame may differ in cases involving a claimant who is:
- Under the age of eighteen
- Incapacitated
You can contact an advisor to discuss the specific time frame for your case.
How Long It Takes To Get Compensation
We cannot say how long the claim process will take. This is due to factors such as:
- The amount of evidence needed to support your personal injury claim
- The type and severity of the emotional distress you have experienced
- The financial impact you may have suffered
- Whether or not the defendant accepts liability
- Whether or not your claim goes to court
You can contact our advisors for more information about how to sue for emotional distress. They may be able to connect you with our panel of solicitors, who are skilled in navigating the claim process and can offer their support at every stage.
How Could An Accident Cause Emotional Distress
Many incidents could cause you to suffer emotional distress. Examples include:
- While driving, you experience a rear-end collision when the vehicle behind crashes into you. After the accident, driving makes you feel extremely anxious.
- You suffer a scaffolding accident while at work due to the scaffolding being poorly erected, leading to a severe back injury. When you think about returning to work, you experience debilitating anxiety and flashbacks.
- You are the victim of an accident in a supermarket. You break your leg when slipping and falling over on a wet floor where there is no warning sign after the floor has been mopped. It takes months to recover from the back injury you sustained, causing you to feel isolated and depressed as you cannot take part in your usual daily activities.
You can reach out to our advisors to discuss the specifics of your psychological injury. They have experience in handling claims and can explain how to sue for emotional distress.
How Much Compensation You Can Get For Emotional Distress
Your compensation may cover two heads of claim. The first of which is general damages. These compensate you for the suffering and pain caused by your psychological injury.
The Judicial College Guidelines (JCG) provide figures that can be used in reference to general damages. These guidelines measure compensation levels against the severity and type of injury. They do not confirm the amount of compensation you will receive, so please only view them as a guide.
Your claim must be assessed in terms of its unique circumstances, so we cannot predict how much compensation you will receive without first hearing further details about your claim. Why not discuss your case with an advisor from our team? They can provide a free case assessment, giving you a better idea of the compensation figure you could receive.
The first figure in this table was not provided by the JCG
| Type of Injury | Severity | Compensation Bracket |
|---|---|---|
| Multiple injuries with financial costs | Severe | Up to £500,000+ |
| Psychiatric damage | Severe | £66,920 to £141,240 |
| Moderately severe | £23,270 to £66,920 | |
| Moderate | £7,150 to £23,270 | |
| Less severe | £1,880 to £7,150 | |
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 |
| Moderately severe | £28,250 to £73,050 | |
| Moderate | £9,980 to £28,250 | |
| Less severe | £4,820 to £9,980 |
Special Damages In Psychological Damage Claims
You may also be able to claim special damages for your psychological injury. This part of the claim covers the financial impact associated with your injury. It could include costs relating to:
- Medical treatment, such as counselling or medication
- Travel to and from medical appointments
- Home adjustments
- Time taken off work to recover
You should keep hold of any receipts for these expenses to prove payment. This could help to strengthen your claim for compensation.
How Our Panel Of Solicitors Can Help With Your Claim
Our panel of solicitors are experienced in personal injury claims and can offer you the following services:
- Handling communication with the defendant
- Negotiating the level of compensation owed to include all relevant damages
- Helping you to collect the necessary evidence
- Providing explanations for legal terms and processes
- Ensuring that your claim is filed within the appropriate limitation period
They can also offer you a Conditional Fee Agreement (CFA), which allows them to represent you on the basis of No Win No Fee. This provides the benefit of not having to pay for your solicitor’s fees:
- Prior to the start of your claim
- While your claim is proceeding
- If you do not receive any compensation
You will need to pay a success fee in the event that you are awarded compensation. This is a percentage that you pay for your solicitor’s work. Since it is legally capped, you receive the majority of the compensation.
If you would like more information about how to sue for emotional distress or have any queries, you can get in touch with our advisors. If eligible, they could pass your claim on to a solicitor from our panel, and you could benefit from the services we have listed. You could gain compensation for your suffering and recover the financial losses that you may have incurred.
To speak to an advisor you can get in contact by:
- Using the online chat box to speak to an advisor
- Call free on 08004087827
- Fill in our ‘Contact-Us‘ online form
More Information
Take a look at our other guides:
- Find out how to sue for a psychological injury
- Learn how to sue for a whiplash injury
- Read about the process of suing for a back injury at work
Further resources
- Read the NHS advice on mental health
- Find out about how Mind supports mental health issues
- View advice for road users from THINK!
Thank you for taking the time to read our guide on how to sue for emotional distress.