Recognised psychological injuries caused by someone else's negligence — such as post-traumatic stress disorder (PTSD), anxiety or depression after an accident — can be claimed in England & Wales, whether on their own or alongside a physical injury. They are valued under the Judicial College Guidelines by severity and prognosis, supported by evidence from a psychiatrist or psychologist. You normally have three years to claim.
Not every injury is visible. A serious accident can leave lasting psychological harm — flashbacks, anxiety, depression, an inability to drive or work — that is every bit as disabling as a physical injury. English law recognises claims for genuine psychiatric injury caused by negligence, but it also sets careful limits on who can claim and when. This guide explains how, in plain English. We are an independent information service, not a law firm, and nothing here is legal or medical advice.
Recognised psychiatric injuries
The law draws an important distinction. Compensation is available for a diagnosable psychiatric condition — but not, by itself, for ordinary distress, worry or grief that does not amount to a medical illness. Conditions that can found a claim include:
- Post-traumatic stress disorder (PTSD) — flashbacks, nightmares, hypervigilance and avoidance after a traumatic event.
- Depression and anxiety disorders triggered or worsened by the accident.
- Adjustment disorders and specific phobias, such as a fear of driving after a collision.
Because the dividing line is a medical one, a claim for psychological injury depends on a diagnosis from a psychiatrist or clinical psychologist. These injuries frequently accompany a physical injury — for example after a road accident or a disfiguring injury — but can also stand alone.
Primary and secondary victims
English law treats two situations differently:
- Primary victims — people directly involved in the incident and within the range of foreseeable physical danger. If they suffer a recognised psychiatric injury, they can generally claim.
- Secondary victims — people who witness a shocking event happening to someone else, typically a loved one. The law applies stricter "control mechanisms" to these claims.
⚠️ Secondary victim claims are difficult
To succeed as a secondary victim, the law has traditionally required a close tie of love and affection to the person involved, closeness in time and space to the event or its immediate aftermath, and a sudden shock. These tests are strict and have been the subject of significant case law, so secondary victim claims are among the harder psychiatric claims to bring — specialist advice is important.
How psychological injury claims are valued
Compensation for the injury itself is assessed under the Judicial College Guidelines, which set separate brackets for general psychiatric damage and for PTSD, running from minor and short-lived symptoms up to severe conditions with a poor prognosis and a marked effect on work and relationships. The prognosis in the expert report does most of the work in placing a claim within those brackets.
Your financial losses are claimed in addition — lost earnings where the condition has stopped you working, and the cost of treatment such as cognitive behavioural therapy (CBT). See what compensation covers.
Evidence you need
- Expert psychiatric evidence — a report from a psychiatrist or clinical psychologist giving a diagnosis and prognosis.
- Medical and treatment records — including GP notes and any therapy or mental-health treatment.
- Evidence of impact — on work, daily life and relationships.
- Financial losses — payslips and treatment costs.
See our evidence guide for more.
Time limits
⏳ Three years to claim
Under the Limitation Act 1980 you generally have three years from the accident or date of knowledge in England & Wales — starting at 18 for children, and not running while a person lacks mental capacity. Date of knowledge can matter where a condition develops gradually, so take advice early if you are unsure. See our time limits guide.
Psychological injuries are real injuries. The law takes them seriously — but it also asks for a proper diagnosis and, for those who witnessed harm to others, satisfies itself through strict legal tests. Good expert evidence is everything.
Frequently asked questions
Can you claim compensation for psychological injury?
Yes. English law recognises claims for a diagnosable psychiatric injury — such as PTSD, depression or an anxiety disorder — caused by another's negligence, whether it accompanies a physical injury or stands alone. A claim for a recognised psychiatric condition is treated seriously; ordinary distress, grief or upset that does not amount to a medical condition is generally not, by itself, enough. Expert psychiatric evidence is essential.
What is the difference between a primary and secondary victim?
A primary victim is someone directly involved in an incident and within the zone of danger, who suffers psychiatric injury. A secondary victim witnesses a shocking event involving someone else, often a close loved one, and the law sets stricter 'control mechanisms' for these claims — including a close tie of love and affection, closeness in time and space to the event or its immediate aftermath, and a sudden shock. Secondary victim claims are legally more difficult.
How much is a PTSD claim worth?
There is no fixed figure. PTSD and other psychiatric injuries are valued under the Judicial College Guidelines, which set brackets from minor and short-lived symptoms up to severe conditions with a poor prognosis and a marked effect on the ability to work and function. The valuation depends heavily on the prognosis in the psychiatric report, and your financial losses, such as lost earnings and the cost of therapy, are claimed in addition.
Do I need a physical injury to claim for psychological harm?
No. While psychological injuries often accompany a physical injury, a claim can succeed for a recognised psychiatric condition alone, provided the legal tests are met. Stand-alone psychiatric claims, and especially secondary victim claims, are more legally complex, so advice from a solicitor experienced in this area is particularly valuable.
How long do I have to claim for a psychological injury?
Generally three years from the accident, or from the date you knew your condition was significant and someone else's fault, under the Limitation Act 1980 in England and Wales. The limit starts at 18 for children and does not run while a person lacks mental capacity. Because date of knowledge can be important where a condition develops over time, take advice early if you are unsure.
Get help from official, free sources
- Judicial College Guidelines — the bracket-based valuations courts use for injuries
- Solicitors Regulation Authority (SRA) — check a solicitor or firm is regulated
- The Law Society — Find a Solicitor — find an accredited personal injury specialist
- Citizens Advice — free, impartial guidance on your rights
- NHS — treatment, and records that support your claim
Related guides: scarring & burns claims, fatal accident claims, road traffic claims and how compensation works.