Post-Traumatic Stress Disorder (PTSD) Compensation Claims & Psychological Injury Claims.

The impact of PTSD on a person’s life can be equally as debilitating as a physical injury. Suffering from a serious psychological injury can affect your relationships with friends and family as you may find your personality and temperament change due to the symptoms you are experiencing. The condition can also affect your ability to do your job safely and efficiently, often leading to extended periods of absence from work, or even having to give up your job altogether.

Post-traumatic stress disorder will present differently in different people, but sufferers will usually exhibit some of the following symptoms:

• Extreme anxiety
• Hypervigilance (constantly feeling ‘on alert’ and assessing risks)
• Disturbing flashbacks
• Vivid nightmares or night terrors
• Sleep walking
• Depression
• Mood swings
• Extreme anger
• Numbness or dissociation
• Cognitive difficulties
• Sleep problems such as insomnia or frequent waking
• Avoiding situations that may trigger memories
• Self-destructive behaviour like alcohol abuse or self-harm
• Muscle tension
• Heart palpitations and chest pains
• Stomach pains and digestive issues
• Night sweats
• Extreme headaches
• Dizziness
• Trembling

Post-traumatic stress disorder symptoms such as flashbacks, nightmares, and sleeping problems can make it difficult for the sufferer to integrate with society and move on with their life. They may find themselves avoiding certain situations in case it triggers a painful flashback, and a disturbed sleep pattern can make people more prone to irritability and outbursts of anger, so they will often withdraw from society.

In some cases, those suffering with PTSD may turn to drugs and alcohol in order to numb their pain, thus adding further health issues that can be traced back to the traumatic incident.

Whatever path your psychological injury has taken you on, you may have a valid case for claiming compensation. Our team of PTSD Solicitors are highly qualified and experienced in handling compensation claims for serious psychological injuries, and will handle your claim with the utmost empathy and understanding.

It is estimated that around one in three  people who experience trauma will develop post-traumatic stress disorder. There are a number of different traumatic events which may trigger a serious psychological injury in both the victims and those who witness the incident or the immediate aftermath, including:

• Serious road traffic accidents
• A horrific accident at work
• Violent assault e.g. mugging or sexual assault
• Prolonged neglect, violence, or sexual abuse
• Witnessing a violent death
• Being kidnapped or held hostage
• Military combat and accidents
• Experiencing a terrorist attack
• Natural disasters e.g. earthquakes, tsunamis
• Suffering a life-limiting condition or terminal illness
• A sudden, unexpected and/or violent death in the family
• Medical negligence with life-changing implications
• Sustaining life-changing injuries in an accident

PTSD can affect people of all ages, from all walks of life, regardless of any pre-existing mental health issues.

If you are suffering from extreme anxiety, flashbacks, sleeping problems, or any of the other symptoms associated with PTSD, after an accident which occurred through no fault of your own, you are not alone. If you are suffering from PTSD because of an event caused by the negligence of someone who owed you a duty of care, you may be eligible for compensation.

Our knowledgeable and understanding personal injury team is experienced in handling cases just like yours, and we can help you to claim the compensation you deserve.

It is not uncommon for the victims of an accident to suffer with anxiety and stress in the weeks after the incident. However, in many cases these symptoms subside after a couple of weeks without the need for medical intervention.

If the psychological effects of the accident continue, it may indicate a more serious psychological injury. A trip to see your GP can get the ball rolling with regards to a diagnosis. They will ask you some questions to gauge the nature and severity of your symptoms, and will usually refer you on to a mental health specialist for further assessment.

The specialist psychologist, psychiatrist or psychological therapist will carry out a comprehensive assessment, in which they will ask you a number of questions about the incident, the symptoms you are experiencing, and the impact that they are having on your day to day life. You may also be asked to undergo a period of active monitoring so that the specialist can track any changes in your symptoms over several weeks before they offer a formal diagnosis of post-traumatic stress disorder.

Once you have been diagnosed with post-traumatic stress disorder, the doctor will then discuss the right treatment plan depending on the particular symptoms you are suffering with. There are a number of treatment options, including:

• Trauma-focused CBT – Cognitive behavioural therapy (CBT) helps you to tackle negative thoughts and reframe them in order to come to terms with your traumatic experience and learn how to move forward with your life. This type of therapy can help you ease back into doing things you may have avoided since the incident, for example driving again after a serious road traffic accident.
• Group psychotherapy – Therapy in a group setting allows sufferers to share their experience with others, and learn from the experiences of other PTSD sufferers. Talking to people who understand what you are going through can help you to process what has happened and find new ways to heal and cope.
• Medication – Antidepressants and antipsychotics can be effective in reducing the symptoms associated with PTSD, and are often used in conjunction with psychological treatments such as group therapy or CBT.
• Eye movement desensitisation – In an EMD session the patient will be asked to think about the trauma they experienced, whilst simultaneously keeping their eyes focused on the hand movements of the therapist. This type of therapy can help the sufferer to process their traumatic memories and think about them in a more positive light.

PTSD treatment is often successful in relieving the symptoms, however it is not always available on the NHS and patients may have to seek private treatment. If your PTSD was caused by a traumatic no-fault accident, a compensation claim can provide you with the necessary financial provisions to fund your treatment and support your full recovery.

It is difficult to estimate exactly how much compensation you may be awarded as no two people experience psychological injury or PTSD in the same way. There are a number of factors which can affect the final amount, including the type of symptoms experienced, the severity of the symptoms, the impact they have on your day to day life, and the long-term prognosis of your condition.

When deciding on how much compensation to award, the judge will also take into account any loss of earnings you have already suffered, and the potential for future loss of earnings, as well as the cost of medical treatment required in your recovery.

Here at Lanyon Bowdler we pride ourselves on working closely with our clients to ensure the best possible outcome to your compensation claim, ensuring you receive the compensation that you rightly deserve.

The simple answer to this question is “yes”. If you witnessed a traumatic event but were not directly involved, and have suffered from post-traumatic stress disorder as a result, you may be able to make a personal injury compensation if you meet the necessary criteria, as outlined below:

• When pursuing a claim for psychological injury or PTSD caused by witnessing a serious accident or near miss, the secondary victim needs to have a close affectionate tie to the primary victim, such as being a close relative.
• In order to pursue a claim, the secondary victim must have witnessed either the actual incident, or the immediate aftermath in person. A claim for psychological damage cannot be pursued if the secondary victim only heard about the incident afterwards and was not present at the time.

In many cases, the claim made by the secondary victim would be part of a chain of events, following on from the successful prosecution of a negligent third party by the primary victim. After this point, secondary victims can lodge a claim, but they would need to provide their own supporting evidence before it went to court.

If you have suffered adverse psychological effects after witnessing a serious crime or accident, you may be able to claim compensation if you can prove, beyond reasonable doubt, that the psychological injury was directly caused by what you witnessed.

The first step would be to speak to your GP and begin the process of receiving a formal diagnosis of psychological injury or PTSD. The next step would be to seek legal advice, and the legal direction to be taken will depend on whether you witnessed a crime or an accident.

If you have witnessed an accident, or suffered a psychological injury in the line of duty, for example as a paramedic or firefighter attending the scene of a serious car accident, the claims process is the same as for any type of personal injury.

If you have witnessed a violent crime which has caused your psychological injury or PTSD then your claim will most likely be taken to the Criminal Injuries Compensation Authority (CICA). The CICA was established by the Ministry of Justice specifically to handle compensation claims made by people who have been psychologically or physically injured as a result of witnessing a violent crime.

Any compensation you receive will be paid to you by the CICA because, even if the police manage to detain the perpetrator of the crime, it is unlikely that said perpetrator will have access to the funds necessary to cover your compensation.

The process of claiming compensation through the CICA begins with an assessor considering your mental state, the seriousness of the crime, and your relationship to the victim. For example, if the victim is a relative or friend, it is usually considered more traumatic to see them be assaulted than it would be if you witnessed an attack on a stranger. If the CICA agrees with your claim, the compensation will be paid to you without the need for further court proceedings, with the minimum pay-out being set at £1,000.