By Megan Hale. Last Updated 15th December 2022. If you’ve suffered psychological injuries from an incident that wasn’t your fault, you may be able to make a personal injury claim to receive compensation. The incident in question can be a range of events, from an accident at work to medical negligence.
If you’ve suffered psychiatric damage from an incident that someone else’s negligence caused, you could use our emotional pain and suffering calculator to see if you can claim.
Calculate Compensation For Emotional Pain And Suffering Caused By An Accident
Our advisors offer 24/7 free legal advice, so you can call them at a time that works for you. They can answer any questions or queries you may have and confirm if you’ll be able to claim.
Jump To A Section
- A Guide To Using An Emotional Pain And Suffering Calculator
- What Is Emotional Pain And Suffering?
- What Damages And Costs Could You Claim For Emotional Pain And Suffering?
- Symptoms Of Emotional Pain And Psychiatric Injuries
- Causes Of Emotional Pain And Suffering
- Types Of Psychological Injury
- Primary Vs Secondary Victims
- Claims For Psychological Care And Treatment
- How To Use An Emotional Pain And Suffering Calculator
- Compensation For Emotional Distress
- No Win No Fee Claim Agreements For Emotional Pain And Suffering Claims
- Get Free Legal Advice From Our Team
- Ask Our Team To Calculate Your Settlement For Psychological Injuries
- Resources And Case Studies
- FAQs On Claims For Emotional Pain And Suffering
If you are involved in an accident in which you are injured, you may incorrectly assume that you can only claim for physical injuries like broken bones or scarring. However, psychological and emotional pain and suffering can also be compensated for.
Emotional injuries can be experienced completely separately from physical injuries. For example, you might not be physically hurt but suffer psychiatric damage from the accident you were involved in. Sometimes, you might be emotionally injured because of the physical injuries you have sustained. For instance, if you lose a limb or become partially paralysed, this could cause you to become depressed. This could lead to you claiming for multiple injuries.
Our compensation payout calculator breaks down the type of injury you or a loved one has suffered to give you a better understanding of what you can claim. It simply asks you to clarify the nature of the injury, how it occurred, and the value of any loss of earnings, if any, you’re claiming in relation to it. It can give you an accurate estimate of what you could potentially receive in a successful claim in a matter of moments.
In this guide, we will look at what emotional pain and suffering are and the different things you can be compensated for. We will also examine the symptoms that mental injuries can cause in someone.
Furthermore, we will examine some of the different kinds of accidents that can lead to injuries like this. We’ll examine the duty of care that you are owed in these scenarios and how it can be breached.
Looking at the statistics above, it’s obvious that mental illness affects many people in England. The charity Mind states that 8 out of every 100 people in the UK suffer from mixed depression and anxiety, while 4 out of every 100 people suffer from Post Traumatic Stress Disorder. Traumatic events outside of your control could cause these types of injuries.
While these statistics don’t show how common these kinds of mental injuries are after a traumatic accident or incident, it is possible to develop mental health problems after an accident. If the accident in which you were injured was caused by someone else’s negligence, speak to our team today.
There are two potential heads of claim when you make a personal injury claim. First, general damages relate to the physical pain, psychological distress and general decline in your quality of life caused by the injury. For example, you might receive compensation for developing post-traumatic stress disorder (PTSD) after a traumatic car accident.
Special damages, meanwhile, relate to the financial losses caused by the injury. Under special damages, you could claim for things like:
- Loss of earnings
- Loss of future earnings
- Prescriptions and medicine
- Travel costs to and from medical appointments
This is one of the ways that an emotional pain and suffering calculator can be helpful. You can input the type of injury you’ve suffered and inform us of any loss of earnings you have incurred, and we can quickly give you an accurate estimate of what you could receive.
Psychiatric and emotional injuries can have a wide range of different symptoms. Just like there are no all-encompassing physical injury symptoms, the symptoms for emotional injuries will vary depending on the emotional injury sustained.
PTSD is an example of a mental injury that you could sustain after a traumatic accident. The symptoms you could experience include:
- Re-experiencing the trauma in the form of flashbacks and nightmares.
- Distressing and repetitive images and sensations.
- Potential emotional numbing due to the pain caused by thinking about the event.
- Hyperarousal is an intense form of anxiety that can lead to irritability, angry outbursts and difficulty sleeping.
If you experience PTSD, this could lead to other mental health conditions like depression and anxiety. In some cases, you might have problems with work and relationships or become dependant on drugs or alcohol to cope with how you are feeling.
There are a wide range of mental injuries that you could sustain after an accident caused by someone else’s negligence. If you’d like free legal advice to see if you can claim, you can call us using the phone number at the top of this page.
Any traumatic incident can bring with it a serious risk of sustaining some form of mental injury. Examples of events that could cause such trauma include:
- A road traffic accident
- Being a victim of a criminal act
- An accident in a public place
- Workplace accidents
There are other accident types that could cause someone to be mentally injured or emotionally harmed. If you’re not sure whether your accident entitles you to claim compensation, speak to us today for free legal advice.
Psychological injuries can happen from many events. Due to how people process trauma, the same event could affect two people very differently.
This section will highlight examples of situations you may be able to claim to make you aware of the types of incidents usually involved when making a personal injury claim.
If you’ve suffered a traumatic event that came about because of the negligence of someone who owed you a duty of care, you could enquire and know within minutes if you’d be able to claim. We offer free legal advice about the process of claiming, and our calculator can accurately assess the value of your claim.
Post-Traumatic Stress Disorder
Post-traumatic stress disorder (PTSD) is a disorder that is created by stressful and traumatic situations. Your brain can struggle to deal with intense and isolating situations, making it difficult to recover from them.
Usually, the symptoms of PTSD are severe enough to have an effect on your daily life. Examples of accidents causing emotional distress that could lead you to potentially make a claim includes:
- A multi-car pile-up caused by a motorist not leaving sufficient stopping distance from your car
- An accident in work involving a piece of machinery that malfunctioned because it was not properly maintained.
- Medical negligence leading to a traumatic childbirth
Emotional Distress Caused By Abuse
You may be wondering whether you are able to claim compensation if you have been abused. The answer is that you can; however, these kinds of claims would usually be made through the Criminal Injuries Compensation Authority (CICA).
The CICA is a government agency that is sponsored by the Ministry of Justice. They award compensation to those who have suffered criminal injuries through no fault of their own.
You can claim through the CICA for emotional injuries caused by criminal attacks. For instance, if you were the victim of emotional, physical or sexual abuse and this caused anxiety, depression or PTSD, you could be compensated for this.
There are a number of differences in the process of claiming compensation through the usual channel and through the CICA. For instance, the general time limit for starting personal injury claims is three years, but in CICA claims, this is just two years.
For more information on the differences between making a normal claim and a CICA claim, speak with our team today. A solicitor from our panel could still represent you if you make a claim through the CICA.
When we discuss traumatic incidents, we can refer to primary victims and secondary victims.
A primary victim is someone directly involved in the incident brought about by someone else’s negligence that resulted in them suffering psychological damage.
A secondary victim, meanwhile, is someone who has been negatively emotionally affected by the incident that occurred to the primary victim. The criteria for secondary victims who wish to claim compensation has some restrictions:
- Firstly, the secondary victim must have a deep, close and serious bond of love and affection for the primary victim. This means that you would need to be either the parent, spouse, partner or child of the primary victim if you’re looking to claim.
- As the secondary victim, you must have also witnessed the negligent incident in question. Therefore, hearing about it is not sufficient for you to be able to claim.
- Lastly, the primary victim’s original prosecution for third-party negligence must have been successful for you to make a claim. If their claim is successful, you could potentially launch a secondary victim claim, though you would need independent evidence to be assessed.
If you have been psychologically injured in an accident caused by negligence, then you could claim back the cost of medical care and treatment.
For example, you could claim for things like:
- Private therapy sessions to help you cope with the trauma
- Nurses who help look after you if, due to the injury, you struggle to take care of yourself.
- The cost of prescriptions for medication you take to help you cope with your emotional harm.
Your personal injury solicitor will request evidence of the financial losses in question, as they would do with all of the costs you’re trying to claim for. For more information about what care costs could be included in a personal injury claim, speak with our team today.
One of the reasons you may be looking for an emotional pain and suffering calculator is to understand the amount you could receive if you decide to claim. Our calculator simplifies it for you quickly and easily so that, in the space of just a few minutes, you could have an accurate estimate.
The amount of compensation you receive from a successful claim depends on the courts. General damages compensation depends on the severity of the injury and how much that injury has negatively impacted your life.
Having studied the payouts for different injuries based on severity and inconvenience caused, the Judicial College has created guideline compensation brackets that give you a better idea of what you could receive.
As we have previously stated, following a successful claim your compensation settlement may consist of special and general damages.
When trying to find out how much you may be eligible for in compensation for a psychological injury, our compensation calculator may be able to help. It could give you a clearer understanding of how much you may receive in general damages, though it may not be able to estimate all your special damages.
Alternatively, you could refer to the table that we have created below. We have used the compensation figures listed in the most recent edition of the Judicial College Guidelines (JCG), published in April 2022. We have used the JCG as it provides compensation brackets for different injuries at various severity levels. It is also used by many legal professionals to help them value numerous claims.
How much compensation you could receive may differ from the amounts stated below. This is because various factors of your claim will affect how much compensation you could be awarded.
|General Psychiatric Damage||Severe||The person will struggle to cope with life, education and work, it will have a very negative impact on their relationships with family and friends and the prognosis will be very poor.||£54,830 to £115,730|
|General Psychiatric Damage||Moderately severe||The person will still have significant problems but the prognosis will be much more optimistic than in more severe cases.||£19,070 to £54,830|
|General Psychiatric Damage||Moderate||The prognosis will be good and the person will have made significant improvements.||£5,860 to £19,070|
|General Psychiatric Damage||Less severe||Awards in this bracket will consider things like how much daily activities and sleep were affected.||£1,540 to £5,860|
|Anxiety Disorder||Severe||The person will be unable to function at the same level they did pre-trauma. All areas of their life will be negatively affected.||£59,860 to £100,670|
|Anxiety Disorder||Moderately Severe||A better prognosis with the potential for some recovery with professional help. However they are still likely to suffer for a while.||£23,150 to £59,860|
|Anxiety Disorder||Moderate||The person will have largely recovered. Any ongoing effects will not be significantly disabling.||£8,180 to £23,150|
|Anxiety Disorder||Less Severe||Within 2 years the person will have completely recovered with only minor symptoms persisting after this time.||£3,950 to £8,180|
Contact our advisors today to find out whether you are eligible to claim compensation for emotional distress.
Our panel of solicitors work on a No Win No Fee basis. They could help you get the compensation you deserve while avoiding paying the fees often associated with legal representation. But what exactly does it mean?
- Your personal injury solicitor won’t request any legal fees, either upfront or during the claim.
- They also will not request any legal fees from you if they don’t win your case.
- Instead, they will take a legally capped amount from your compensation as payment.
Because all our solicitors offer representation on a No Win No Fee basis, you can rest assured knowing that our panel of solicitors will not waste your time. They will only take your case if they feel you have a reasonably good chance of success. So get in touch today for free legal advice and to start your claim.
Our emotional pain and suffering calculator can give you an accurate estimate of what you could receive in compensation. Our advisors offer 24/7 free legal advice and are available at whatever time suits you.
In addition, our experienced panel of No Win No Fee solicitors could help you gain the compensation you deserve.
- Call us now on 0800 408 7826
- Write to us using the Live Chat service on the right-hand side of your screen.
- Contact us via our website.
We understand that you might not be familiar with how to use a compensation calculator. Or you might prefer to go through the circumstances of your accident with someone directly in order to make a claim.
If this is the case, you can get in touch with our team. One of our advisors will be happy to assess your claim and, if it has a good chance of success, you could be connected with a solicitor from our panel.
For more useful information, please refer to the links below.
The Mind website offers more information about PTSD that you can find here.
The NHS also provides guidance on treatment for PTSD. You can find this on their website.
If you’d like more information about how to protect your children from accidents, go to the Child Accident Prevention Trust (CAPT) website.
More information on how to claim for a broken leg can be found in our guide.
Other Personal Injury Claims Guides You Can Read
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For answers to frequently asked questions concerning emotional pain and suffering, please read below.
How do I claim on behalf of another person or a child?
You would need to be appointed as a litigation friend. For more information, please call our advisors, who can offer free legal advice.
What happens to a child’s personal injury settlement?
If the claim is successful and the compensation is due to be paid to the child as the affected party, the money will be invested until they turn eighteen. At that age, the compensation will then be given to them.
What is a fair settlement for pain and suffering?
Reaching a “fair” settlement amount is difficult as it’s purely subjective. You can get in touch with our team for a free, no-obligation assessment of your claim.
Can you claim compensation for emotional distress?
You can claim for emotional distress. However, you have to be able to show that a third party’s negligence led to the injury in question.
How do you calculate emotional pain and suffering?
Your claim’s value will be based on the extent of the injury and the impact it’s had on your life. For more information on what you could receive, call our team of advisors or use our emotional pain and suffering calculator.
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