Making a psychological injury claim

A psychological injury following a road accident is a real and compensable part of a road accident claim, once a qualified specialist confirms it. This includes anxiety, depression or a lasting adjustment reaction. It is not treated as less serious than a physical injury.

This page explains how it is diagnosed and how it fits into a claim, without judgment.

What a psychological injury involves

Being in or witnessing a serious crash can trigger anxiety, low mood or sleep disturbance. Sometimes it leads to a general adjustment reaction that goes beyond ordinary shock. This is distinct from post-traumatic stress, which has its own specific pattern, covered on the post-traumatic stress page.

How it affects daily life and work

Concentration, motivation and confidence often suffer. This can make returning to work, driving, or even ordinary social activities feel harder than the physical recovery alone would suggest. Family and relationships can be affected too, which is worth mentioning honestly to your treating specialist.

The evidence and specialist report you need

A diagnosis from a psychiatrist or clinical psychologist is what a claim needs, rather than a general practitioner’s note alone. A record of any therapy or medication supports this. Together they become part of the medical report for your claim, alongside any physical injuries from the same accident.

How it factors into your claim

A properly diagnosed psychological injury is assessed under the same section 28A framework as a physical one. Pain, suffering and loss of amenities are weighed against the Revised Compendium of Personal Injury Awards and your medical evidence^[1].

Where it affects your ability to work, a future earning capacity claim may apply. This is generally available up to age 60^[3]. How compensation is worked out sets out the broader picture.

Recovery and prognosis, realistically

Many people improve substantially with appropriate therapy and time, particularly with early treatment. The pace of recovery varies a great deal between individuals. A specialist’s honest assessment of your progress is more useful to a claim than either an overly optimistic or overly bleak guess.

What to do next

Start treatment as soon as you feel able to. Keep a simple record of how you are coping, since this becomes valuable evidence later. The general deadline to bring a personal injury claim is six years from the accident^[2]. This gives you room to focus on treatment first, without rushing the medical evidence.

If your symptoms include flashbacks, nightmares or avoiding driving altogether, post-traumatic stress describes that more specific pattern.