Psychiatric Injury Guide
Different people react to accidents in different ways. A certain amount of psychiatric injury is always expected with any physical injury. However, psychiatric injury may arise without any or any major physical injury. Serious psychiatric problems arising from an accident will command compensation in their own right.
In research conducted by Norwich Union it was found that 2 in 5 respondents had suffered post-traumatic stress (PTSD) symptoms following a vehicle crash. Despite this the number claiming for this injury is considerably less, often compounded by a health system which is more geared to dealing with the physical symptoms and not the psychological. Put simply, people are often unaware that they are suffering psychological issues and these are often missed in hospital or by their GP.
The most extreme examples of this problem we have come across are a client whose GP completely refused to even consider they had a psychological problem for 2 years before our expert convinced them there was a problem, a client who attended an examination arranged by us only for the expert to contact us immediately concerned they were a suicide risk and a client who had been suffering for 3 years without realising that they were entitled to claim. We successfully obtained treatment and compensation for all of them.
The psychological effects of an accident can be debilitation and long-lasting, particularly where not identified and treated within the first couple of years.
You can claim for psychiatric injury if you were an accident victim, a witness or saw the immediate aftermath. The treatment will depend on the nature of the problem, with the National Institute for Clinical Excellence (NICE) recommending cognitive behavioural therapy or eye movement desensitisation and reprocessing treatment for PTSD in place of more traditional counselling. Where treatment is required you do not have to wait for this on the NHS and are entitled to claim the cost from the other side.
What to look for
Classic symptoms are some or all of the following:
- Avoiding discussing the accident;
- Distress when discussing the accident;
- Sleeplessness and nightmares;
- Flashbacks;
- Avoiding the accident scene;
- Problems with family and friends;
- Heightened fear of travel;
- Problems coping.
The injury can range from anxiety through to depression or post-traumatic stress disorder (PTSD). Psychiatric injury is often missed and treatment can be hard to obtain. The person who sustained the injury will often be unaware of the problem and think the problem is with life itself or other people.
It is important that any psychiatric injury is addressed as soon as possible. The longer it takes to get treatment the longer any recovery can take, and serious delay may mean you will never recover.
How much?
Awards for psychiatric injuries can range from as little as a few hundred pounds to in excess of £70,000, depending how bad it is and how long it has or will last. However, severe psychiatric injuries can prevent a victim from returning to work or even functioning normally within society, in which case the ancillary losses can be enormous.
Example guideline awards are as follows:
| 1 | Severe psychiatric disorder | £35,000 to £74,000 |
| 2 | Severe PTSD | £40,000 to £64,250 |
| 3 | Moderately severe psychiatric disorder | £12,250 to £35,000 |
| 4 | Moderately severe PTSD | £14,825 to £37,000 |
| 5 | Moderate psychiatric disorder | £3,750 to £12,250 |
| 6 | Moderate PTSD | £5,250 to £14,825 |
Conclusion
Should you or someone you know be suffering from a psychiatric injury due to an accident then you should contact us on 01296 662770 to discuss the matter further.
