You can claim compensation for post-traumatic stress disorder (PTSD) and other psychological trauma where another's negligence — or a violent crime — caused a recognised psychiatric injury. English law requires a diagnosable condition, not just understandable distress, evidenced by a report from a psychiatrist or clinical psychologist. PTSD can be claimed on its own or alongside physical injuries, and is valued under the Judicial College Guidelines plus your financial losses. You normally have three years to claim; for violent crime the CICA window is shorter. This is general guidance — not a substitute for medical help.
Not every injury is visible. A serious accident, a frightening assault, or witnessing something horrifying can leave deep and lasting psychological harm — flashbacks, nightmares, hypervigilance, avoidance, low mood and anxiety. The law recognises that psychiatric injury is real injury, and it can be compensated. But it also draws careful lines around when a claim is possible. This guide explains, in plain English, how a PTSD or psychological trauma claim works in England & Wales, how it is valued and the evidence that makes it strong. We are an independent information service, not a law firm, and this is not medical advice. If you are struggling, please speak to your GP or the NHS.
A recognised psychiatric injury — not just distress
The key threshold is that the law compensates a recognised psychiatric condition, not ordinary grief, fright or upset, however genuine. Conditions that may found a claim include post-traumatic stress disorder, anxiety disorders, depression and adjustment disorders, where they are diagnosed by a suitably qualified expert. This is why a report from a psychiatrist or clinical psychologist is at the heart of every psychological injury claim — it establishes both that there is a condition and that the incident caused it.
PTSD in particular has recognised diagnostic features — re-experiencing the trauma, avoidance, negative changes in mood and thinking, and heightened arousal — which an expert will assess against accepted criteria. A claim can be brought for PTSD alone, or as part of a wider claim that also covers physical injuries from the same event.
Primary and secondary victims
English law distinguishes between two kinds of claimant, and the distinction matters a great deal:
- Primary victims were directly involved in the incident and within the range of foreseeable physical danger — for example, a driver hurt in a collision who also develops PTSD. They generally do not face additional hurdles beyond proving a recognised psychiatric injury.
- Secondary victims suffered psychiatric injury through witnessing a shocking event that happened to someone else. The courts apply stricter "control mechanisms": a close tie of love and affection with the person harmed, physical closeness to the event or its immediate aftermath, and perception of it through the claimant's own unaided senses.
Secondary victim law is a notably complex and developing area, and the requirements are applied strictly. If your claim is as a secondary victim, specialist advice from an experienced solicitor is particularly important.
💡 Psychological injury often travels with physical injury
Many claimants do not realise that the anxiety, flashbacks or driving phobia that follow an accident can be claimed alongside the physical injury. If you are pursuing a physical injury claim, tell your solicitor and your medical expert about any psychological symptoms too — they may form a significant, and sometimes the most significant, part of the claim.
How a PTSD claim is valued
The compensation for the injury itself — the suffering and the loss of amenity it causes — is assessed by reference to the Judicial College Guidelines, the bracket-based reference courts and solicitors use across England and Wales. The Guidelines provide separate scales for post-traumatic stress disorder and for general psychiatric damage, grading each from less severe (with a good recovery) to severe (with marked, long-term effects on the ability to cope with work, education and relationships, and a poor prognosis).
On top of that, you can claim your financial losses (special damages): lost earnings where the condition has affected your ability to work, the cost of therapy such as CBT or EMDR and any medication, travel to appointments, and care. Our guide to what compensation covers explains how the two halves fit together. The expert psychiatric report is what sets the likely range.
Evidence that strengthens a PTSD claim
Because psychological injury cannot be X-rayed, the quality of the evidence is everything. Useful evidence includes:
- An expert psychiatric report — from a psychiatrist or clinical psychologist, diagnosing the condition, linking it to the incident and giving a prognosis.
- GP and mental-health records — showing when symptoms began, any referrals, therapy and medication.
- A record of impact — how symptoms affect your work, sleep, relationships and daily activities, often in a witness statement.
- Evidence of the underlying event — accident records, a police crime reference for an assault, and witness details.
Keeping a simple diary of symptoms can be valuable. Our guide to evidence for a personal injury claim goes into more detail.
Time limits
Like other personal injury claims, you normally have three years to bring a psychological injury claim — but the start date can differ.
⏳ Three years — but "date of knowledge" matters here
Under the Limitation Act 1980 in England & Wales, the three years run from the event or from the "date of knowledge". With psychological injury, a person may not realise they have a significant, attributable condition until it is diagnosed, so the limit can run from diagnosis rather than the incident. For children the clock starts at 18, and there is no limit while a person lacks mental capacity. CICA claims for violent crime usually have a two-year limit. See our time limits guide.
The law takes psychological injury seriously — but it asks for proof. A clear diagnosis from a psychiatric expert, linking a recognised condition to what happened, is the difference between a claim that succeeds and one that does not.
Frequently asked questions
Can I claim compensation for PTSD?
Yes, where another person's negligence or a violent crime caused a recognised psychiatric injury such as post-traumatic stress disorder. English law requires more than ordinary distress or upset: you need a diagnosable condition, supported by a report from a psychiatrist or clinical psychologist. PTSD can be claimed on its own, or alongside physical injuries from the same accident.
How much compensation can I get for PTSD?
There is no fixed amount. PTSD and other psychiatric injuries are valued by reference to the Judicial College Guidelines, which grade post-traumatic stress disorder, and general psychiatric damage, from less severe cases with a good recovery up to severe cases with marked, long-term effects on work, relationships and daily life. The award for the injury is added to financial losses such as lost earnings and the cost of therapy, so an expert psychiatric report is essential.
What is the difference between a primary and secondary victim?
A primary victim was directly involved in the incident and in the zone of danger, for example a person hurt in a crash who also develops PTSD. A secondary victim witnessed a shocking event involving someone else, such as a close relative. The law sets stricter 'control mechanisms' for secondary victims, including a close tie of love and affection, closeness in time and space to the event, and perception through their own senses. Secondary victim claims are legally complex, so specialist advice is important.
How long do I have to claim for PTSD?
Generally three years from the date of the event, or from the date you knew your psychiatric injury was significant and someone else's fault, under the Limitation Act 1980 in England and Wales. Because the date of knowledge for a psychological injury can be later than the event itself, the limit sometimes runs from diagnosis. Claims through the CICA for violent crime have a shorter two-year limit. Scotland and Northern Ireland have their own rules.
What evidence supports a PTSD claim?
The central evidence is a report from a psychiatrist or clinical psychologist diagnosing the condition, its cause and prognosis. Supporting evidence includes GP and mental-health records, details of therapy or medication, a record of how symptoms affect your work and relationships, and evidence of the underlying incident. A statement from you, and sometimes from family, about the day-to-day impact can also help.
Get help from official, free sources
- NHS — assessment, talking therapies and treatment for PTSD and trauma
- Judicial College Guidelines — the bracket-based valuations courts use for psychiatric injury
- Criminal Injuries Compensation Authority (CICA) — for trauma caused by violent crime
- Solicitors Regulation Authority (SRA) — check a solicitor or firm is regulated
- The Law Society — Find a Solicitor — find an accredited personal injury specialist
Related guides: psychological injury claims, criminal injury compensation, head injury claims and road traffic accident claims.