I was injured in an accident, and now I’m suffering from stress: can I claim compensation for PTSD?
Share
Many people experience some form of stress after being in an accident that wasn’t their fault but usually recover reasonably soon after the accident. What happens when the symptoms don’t go away? Could they be symptomatic of something more serious, like PTSD, a recognised psychiatric illness?
The experts at Mooneerams Personal Injury Solicitors look at this tricky area of law and explain what you need to prove to bring a successful PTSD claim. Accidents happen. However, if you suffer injury in an accident caused by the negligence of another party (i.e., a person, company, local authority or other legal entity), you can claim compensation or ‘damages’ for the injury inflicted upon you.
If your injury claim is successful, you will receive what is known as ‘general damages’ for the pain, suffering and loss of amenity caused by the accident. ‘Loss of amenity’ refers to the effect the injury has had on your life and the ways, if any, you have had to adjust your lifestyle accordingly.
When we talk of sustaining personal injury due to an accident, we are generally referring to physical injuries: broken bones, head, back or neck injuries, internal injuries, lacerations, bumps and bruises or other bodily injuries.
So, if you decide to claim against the other party, you must:
- Prove the accident was not your fault.
- Establish the other party’s negligence resulted in the injuries for which you are claiming damages.
- Ensure you have medical reports from a recognised medical expert to support the nature and extent of your injuries.
If you successfully navigate these three issues, you will almost certainly recover compensation for your injuries from the negligent party or, in most cases, their insurers.
Accidents are unexpected, frightening events involving pain, fear, and worry about the incident and how your injuries will affect your ability to work and pursue a normal, everyday life.
What is stress?
Stress is a natural response to traumatic events such as accidents. Stress is a state of worry and mental tension. It manifests itself in various ways, including:
anxiety
irritability
headaches
nausea
profuse sweating
sleep disturbance
Although it’s common to feel stressed after being involved in an accident, the symptoms usually subside within a matter of days, mainly without any form of medical intervention, other than receiving reassurances from your GP that it is merely stress and that it will pass.
Can you claim for stress as part of your personal injury claim?
First, it’s important to point out that stress is not a physical injury. So, can it be described as a psychiatric injury or illness? After all, If you suffer a recognised psychiatric illness as a result of being involved in an accident and can prove the psychiatric condition was a direct cause of the other party’s negligence, then you may have a claim. Is stress a recognised psychiatric illness? The answer is, no, it isn’t – you can’t claim for mere stress.
However, if what you thought were symptoms of mere stress persist for longer than a few days or increase in type and severity, then you may be suffering from something
more serious. Your symptoms may be those of a recognised psychiatric Illness.
What are the most common, recognised psychiatric illnesses resulting from accidents?
Involvement in road traffic accidents or serious accidents at work can cause recognised psychiatric illnesses.
Examples include:
Post Traumatic Stress Disorder (PTSD)
Clinical Depression
Anxiety Disorders
Chronic Fatigue Symptoms
Understanding PTSD
Post Traumatic Stress Disorder (PTSD) is probably the most common type of psychiatric illness caused as a result of accidents. Research suggests that car accidents are the leading cause of PTSD amongst the general population.
PTSD is a much more severe and long-lasting condition than stress. It involves symptoms such as:
intrusive memories of what you saw
flashbacks
avoidance behaviour
nightmares
isolation
negative thoughts
being easily startled
irritability
sleeping problems
angry outbursts
difficulty concentrating
Symptoms of PTSD significantly impact an individual’s daily life and almost always require professional medical intervention for recovery to take place.
Can you claim for PTSD following an accident that wasn’t your fault?
To bring a successful PTSD claim following an accident:
- You must have received a diagnosis of Post Traumatic Stress Disorder from a relevant medical expert, such as a psychiatrist
- The PTSD was caused by being involved in (or, in some circumstances, witnessing) an accident that wasn’t your fault.
- The party you believe was responsible for the accident owed you a duty of care and breached that duty of care, which led to the traumatic event in question.
Conclusion
In the title of this article, we deliberately used the words’ stress’ and ‘PTSD’ as if they were interchangeable, i.e., as if they carry the same meaning. We did so to highlight how common it is for people to believe that stress and PTSD are the same. They are not.
Stress is a normal reaction to a challenging situation. It’s not an illness in itself. To describe PTSD as ‘stress’ minimises the severity of PTSD. It is a severe mental health condition and, as such, a recognised psychiatric illness.
When PTSD or other recognised psychiatric disorders result from being involved in or witnessing an accident, it may be possible to claim PTSD compensation.
It’s not possible to claim compensation for mere stress.
Pursuing a PTSD claim can be challenging. Anyone contemplating pursuing a PTSD claim following an accident should seek out the services of an experienced firm of specialist
personal injury solicitors for initial advice and, if necessary, to take on their claim.
