If you have sustained psychological damage and it was not your fault, you may be able to claim compensation. This remains accurate whether your injury is physical or psychological. While physical symptoms may heal, the psychological impact of an incident can last for many years, causing conditions like anxiety disorders, depression, and post-traumatic stress disorder (PTSD). Keep reading to learn more about the emotional effects and how you can claim.
Can You Sue for Emotional Distress?
If you or somebody you love has been the victim of abuse, and a failure by social services has worsened your suffering, you can claim compensation for psychological trauma. If the abuse happened when you were a child, you can still take legal action.
You can also claim if social services have wrongly accused you of abusive behaviour.
The most usual reasons for claims against social services are:
- Social workers’ negligence.
- Abuse in a care home.
- Abuse by a foster parent.
- A child being removed from their home without the legal process being followed.
Social services have a legal duty of care. If they have failed to uphold their duty to you or someone you love, get in contact with a solicitor, who can talk to you about your rights.
How Much Compensation for Psychological Damage Could You Claim?
The amount of compensation you can receive for a psychological injury claim depends on your specific case and the extent to which your life and those you love are affected.
Please note that Davison’s Law no longer offers services specifically for emotional distress claims, however, it’s important to know that in certain situations, individuals can pursue legal action.
Below is the compensation guidelines set by the Judicial College, based on average claims.
| Type of Injury | Compensation Range |
| Severe psychiatric damage | £51,460 – £108,620 |
| Moderately severe psychiatric damage | £17,900 – £51,460 |
| Moderate psychiatric damage | £5,500 – £17,900 |
| Less severe psychiatric damage | £1,440 – £5,500 |
| Severe post-traumatic stress disorder | £56,070 – £94,470 |
| Moderately severe post-traumatic stress disorder | £21,730 – £56,180 |
| Moderate post-traumatic stress disorder | £7,680 – £21,730 |
| Less severe post-traumatic stress disorder | £3,710 – £7,680 |
You can receive compensation for:
- General damages: This is for the pain and suffering caused by your physical and/or psychological injuries.
- Special damages: Any financial losses or expenses incurred due to your injuries, for example, loss of earnings.
Emotional Distress in the Context of Disputes
Disputes can often lead to emotional distress, particularly in situations such as defamation of character or employment disputes. If you’re experiencing emotional damage due to a dispute, it’s crucial to understand your options.
- Defamation of Character: If false statements have harmed your reputation, it could lead to emotional distress. For more information, visit our Defamation of Character page.
- Employment Disputes: Issues at work can significantly impact mental well-being. If you’re facing challenges in the workplace, learn more about your rights on our Employment Dispute page.
- General Disputes: For broader disputes that may be causing emotional harm, explore our Disputes and Litigation services.
How much compensation can you claim for work-related stress and anxiety?
By law, employers have a duty to ensure their employees’ health, safety, and welfare. Work-related stress is a serious health and safety issue, and employers must treat it in the same way as any other potential hazard.
Work-related stress can leave an employee unable to work. It can cause a range of physical symptoms, including headaches, insomnia and panic attacks. These symptoms can lead to long-term mental illness and physical conditions, including depression and heart disease.
Employers must take reasonable steps to identify risks to their employees and take measures to control those risks. They also have a legal duty to protect employees from discrimination at work and any unlawful behaviour that can cause stress.
Where an employee suffers from a long-term mental health condition, an employer must make ‘reasonable adjustments’ under the law to help them to be able to do their job. An example of a reasonable adjustment is arranging for an advocate to support them at work.
If you have been medically diagnosed with work-related stress and your employer is at fault, you may be able to claim compensation.
How much compensation can you claim for work-related stress and anxiety?
By law, employers have a duty to ensure their employees’ health, safety, and welfare. Work-related stress is a serious health and safety issue, and employers must treat it in the same way as any other potential hazard.
Work-related stress can leave an employee unable to work. It can cause a range of physical symptoms, including headaches, insomnia and panic attacks. These symptoms can lead to long-term mental illness and physical conditions, including depression and heart disease.
Employers must take reasonable steps to identify risks to their employees and take measures to control those risks. They also have a legal duty to protect employees from discrimination at work and any unlawful behaviour that can cause stress.
Where an employee suffers from a long-term mental health condition, an employer must make ‘reasonable adjustments’ under the law to help them to be able to do their job. An example of a reasonable adjustment is arranging for an advocate to support them at work.
If you have been medically diagnosed with work-related stress and your employer is at fault, you may be able to claim compensation.
How much compensation can you claim for post-traumatic stress disorder (PTSD)?
PTSD can occur after witnessing an extremely traumatic event such as a violent death. The symptoms of PSTD range widely and can include nightmares, flashbacks, inability to sleep and physical symptoms such as trembling and nausea.
Those who suffer from PTSD can find making a legal claim overwhelming, so our experienced solicitors make every effort to ensure the process is simplified.
How do you prove psychological injury?
You will need evidence to support your psychological injury claim, just as with all personal injury claims. This evidence must demonstrate how your mental health and quality of life have been impacted by what has happened to you.
Medical evidence is an essential basis for your psychological injury claim. If you have suffered a physical injury, seek medical attention as soon as possible. Evidence of a psychological injury can be collected subsequently by arranging a medical assessment from a psychologist or psychiatrist.
Other useful psychological damage evidence:
- A diary – Consider keeping a diary of your symptoms.
- Counselling or GP – If you are suffering mentally due to the incident, evidence of treatment or discussion with your GP or counselling.
- Witness statements – Collect the contact details of any witnesses so your solicitor can obtain statements.
- Photographs or camera footage of the incident.
What is the average payout for psychological damage?
Psychological damage compensation payouts are dependent on the severity of your mental health injury and how much your life and the lives of your loved ones are impacted. Psychological damage compensation amounts can vary, starting from £1,440 for less severe cases to £108,620 for more severe examples.
What types of psychological damage are eligible for compensation?
Compensable psychological injuries may encompass anxiety, depression, post-traumatic stress disorder (PTSD), emotional distress, and additional mental health conditions arising from traumatic events or wrongful behaviours.
