When people think about injury claims, they often picture broken bones or visible wounds. But some of the most serious effects of an accident can be psychological. Post-traumatic stress disorder (PTSD) and emotional distress can leave lasting damage that affects your work, relationships, and confidence. If you live in or near Moreton-in-Marsh and have suffered psychological harm after an accident that was not your fault, you may be entitled to compensation.
This guide explains when and how you can claim for emotional distress, what evidence you will need, and how a solicitor can help you secure fair compensation.
Understanding PTSD and emotional distress
PTSD is a recognised mental health condition that can develop after a distressing or life-threatening event. It is common after road accidents, workplace incidents, violent assaults, or witnessing someone else being seriously injured.
Symptoms may include flashbacks, nightmares, anxiety, emotional numbness, or difficulty concentrating. Many people also experience secondary effects such as insomnia, mood swings, or social withdrawal. Even if you were not physically injured, the psychological impact of what you experienced can still be life-changing.
Emotional distress, meanwhile, covers a broader range of psychological harm. You might feel ongoing fear, guilt, anger, or sadness following the incident. This can interfere with your everyday life and wellbeing. UK law recognises that emotional or psychiatric injuries are just as real as physical ones, and that victims deserve compensation when someone else’s negligence caused them.
When you can claim compensation
To file a claim for PTSD or emotional distress, you must be able to show that another person or organisation owed you a duty of care and that their negligence led to your psychological injury.
Typical examples include:
- Road traffic accidents: Drivers, cyclists, and pedestrians can all suffer trauma after serious collisions or even near misses.
- Workplace accidents: Employees who witness or experience severe accidents, bullying, or unsafe conditions may develop lasting anxiety or PTSD.
- Public place accidents: Slips, trips, or assaults in public areas caused by poor maintenance or lack of security can result in emotional distress.
- Medical negligence: Being given the wrong diagnosis, witnessing a loved one harmed in a hospital, or suffering through negligent treatment can all cause psychological harm.
If you were involved in one of these situations and it has affected your mental health, you may have a valid claim.
Primary and secondary victims
UK courts distinguish between primary victims, who were directly involved in the accident, and secondary victims, who witnessed it or were closely connected to someone involved.
A primary victim might be someone injured in a car crash, while a secondary victim could be a family member who saw the crash happen or arrived shortly afterwards.
Secondary victim claims are more complex. You must show that you had a close relationship with the person harmed, that you were present or witnessed the immediate aftermath, and that the psychological impact was caused by direct shock rather than hearing about it later.
A solicitor with experience in psychological injury claims can help you understand which category applies to you and how to best evidence your suffering.
How much compensation can you receive?
Compensation for PTSD or emotional distress is divided into two parts:
- General damages – covering pain, suffering, and loss of amenity. This reflects the severity and duration of your symptoms.
- Special damages – covering financial losses linked to your injury, such as therapy costs, medication, travel expenses, or loss of income if you have been unable to work.
The amount you receive depends on the level of impact. For example:
- Mild PTSD that resolves within a year or two may result in a few thousand pounds.
- Moderate PTSD that causes ongoing issues but allows some recovery might fall between £8,000 and £25,000.
- Severe PTSD that permanently affects your ability to work or enjoy life can exceed £60,000.
These figures are only guidelines. Your solicitor will ensure your unique circumstances are considered, including how the trauma has affected your relationships, confidence, and long-term wellbeing.
Proving psychological injury
Because emotional and mental harm is less visible than physical injury, evidence is key. You will usually need:
- A medical or psychological assessment from a GP, psychiatrist, or psychologist confirming your diagnosis and linking it to the incident.
- Therapy or counselling records showing the nature and duration of treatment.
- Witness statements from friends, family, or colleagues who have seen changes in your behaviour or mood.
- Your own written account describing how the event and its aftermath have affected your daily life.
Keeping a diary of your symptoms, appointments, and emotional experiences can also help support your case.
Time limits for making a claim
In most cases, you have three years from the date of the incident or from when you first became aware that your condition was caused by it.
If the claim involves a child or a person lacking mental capacity, different rules apply. For children, the three-year period does not begin until their 18th birthday. If the injured person is unable to manage their affairs due to mental incapacity, the time limit may be paused indefinitely until capacity returns.
The role of a solicitor
Psychological injury claims can be sensitive and complex. A specialist personal injury solicitor will handle the process with care and professionalism. They will:
- Gather and organise evidence to prove liability and psychological harm.
- Arrange for independent medical assessments.
- Calculate the full extent of your losses, including therapy, medication, and loss of earnings.
- Negotiate with insurers or the opposing party for a fair settlement.
- Take the case to court if necessary, although most claims are settled before trial.
Many solicitors, including Marley Solicitors, work on a no win no fee basis. This means you do not pay legal fees unless your claim succeeds, giving you peace of mind while you focus on recovery.
Life after a psychological injury
Recovering from PTSD or emotional distress takes time. Professional therapy, support groups, and self-care can all make a difference. It is important to recognise that seeking compensation is not just about money. It can provide validation, help you access better treatment, and allow you to rebuild stability after trauma.
If your accident happened in Moreton-in-Marsh or nearby areas, a local solicitor who understands your community can make the process smoother. They can arrange appointments around your needs and ensure your claim reflects both your immediate and long-term recovery.
Take the next step
You do not have to face the aftermath of trauma alone. If you believe someone else’s actions caused your PTSD or emotional distress, it is worth seeking legal advice. Even if you are unsure whether your symptoms qualify, an initial consultation can help you understand your options.
Reach out to Marley Solicitors to discuss your situation in confidence. Our team can guide you through every stage, from gathering evidence to securing the compensation you deserve. Regaining peace of mind starts with knowing where you stand.