Law and Legal
PTSD Compensation: A Comprehensive Guide
PTSD (Post-traumatic stress disorder) is a mental disorder that develops after a person experiences a traumatic event. In the case of PTSD and personal injuries, traumatic events may include car accidents, industrial accidents, falls from height, or other incidents where the victim experiences severe mental trauma.
If you are suffering from PTSD because of an accident you have been involved in, then you may be eligible for financial compensation.
PTSD and personal injury compensation eligibility
You can make a claim for compensation for your PTSD, if the accident which caused your PTSD was not 100 per cent your fault. In other words, you must have a level of diminished liability to make a claim for compensation.
In addition to this, you must bring your PTSD claim forward within three years from your Date of Limitation, otherwise known as your Date of Knowledge. This is the date your accident happened, or the date your PTSD was first medically diagnosed (whichever is soonest). After three years, personal injury cases become time-barred or statute-barred under the Limitation Act 1980, so it is important to bear this in mind.
Types of PTSD
PTSD is split into three core types:
- Acute – PTSD usually lasting no more than three months;
- Complex – PTSD that lasts for over year, and sometimes a lifetime;
- Delayed Onset – PTSD that develops over time.
You can make a claim for compensation for any of these PTSD types, so long as you meet the elibility criteria described above.
How PTSD compensation is calculated
PTSD compensation is calculated based on the type of PTSD you are suffering, and the extent of your PTSD. Acute PTSD results in the lowest pay-out, while complex and delayed onset PTSD will result in more. To determine the extent of your PTSD, you must attend a medical examination, during which you will be examined. From this, a medical report will be generated and this will be used to form the basis of your claim. In addition to this, your solicitor will also access any relevant medical records you have, to build you a strong case.
How much compensation could I be owed?
Severe PTSD can result in a pay-out exceeding £40,000. However, most people suffer from minor PTSD, which results in a pay-out of between £2,500 and £6,000, while moderate PTSD pay-outs tend to range from £6,000 to £15,000.
It is also important to consider that you can claim back lost income and out of pocket expenses related to your disorder. For example, if you have had to take time off work to deal with your disorder, and you have lost out, then you can claim any lost income back.