Psychological injury claims Scotland
Physical injuries are visible and easy to describe. Psychological injuries are just as real but often harder to explain. If you have developed PTSD, anxiety, depression, or another mental health condition as a result of an accident or traumatic incident that was someone else's fault, you are entitled to claim compensation under Scots law.
This guide explains what psychological injuries are recognised in personal injury law, how claims work in Scotland, and what compensation you could receive.
TL;DR: Psychological injuries caused by someone else's negligence are fully compensable in Scotland. You have three years to claim. No Win No Fee applies. Call 0800 123 4567 for a free assessment.
What is a psychological injury in personal injury law?
A psychological injury is a recognised mental health condition caused by a traumatic event or circumstances. It is distinct from ordinary grief, upset or distress. To claim compensation, the psychological condition must be a diagnosable disorder assessed by a medical professional.
Recognised psychological injuries in personal injury claims include:
- Post-traumatic stress disorder (PTSD)
- Complex PTSD
- Anxiety disorders
- Clinical depression
- Adjustment disorder
- Phobias arising from the accident (for example, a fear of driving)
- Acute stress reaction
Who can claim for psychological injury in Scotland?
Primary victims
A primary victim is someone directly involved in the accident who suffered psychological injury as a result. The most common examples are:
- A driver or passenger who develops PTSD after a serious road accident
- A worker who develops anxiety or depression after witnessing a traumatic workplace incident
- A patient who develops psychological harm following a medical procedure gone wrong
If you were physically present at an incident that caused or could have caused you physical harm, you can claim for any psychological injury that results, even if your physical injuries were minor or non-existent.
Secondary victims
A secondary victim is someone who witnessed an accident or its immediate aftermath and suffered a recognisable psychiatric injury as a result. Secondary victim claims are subject to stricter legal tests in Scots law:
- There must be a close tie of love and affection between the claimant and the primary victim
- The claimant must have directly witnessed the accident or its immediate aftermath
- The psychiatric injury must be caused by witnessing the event, not by learning of it later
Secondary victim claims are more legally complex. If you witnessed an accident involving a close family member and have suffered psychiatric injury as a result, speak to a solicitor to assess whether you have a valid claim.
Can you claim for psychological injury on its own, without physical injury?
Yes. It is possible to claim for a purely psychological injury in Scotland where no physical injury was suffered. However, the legal tests are applied more carefully in these cases, and the courts require evidence that the psychological condition is a genuinely recognised disorder, not simply a normal emotional reaction to a stressful event.
If you have been diagnosed with PTSD, clinical depression, or another recognised condition by a GP, psychiatrist or psychologist, and that condition was caused by a traumatic incident for which another party was responsible, you have a basis for a claim.
What causes psychological injury claims?
Road traffic accidents
PTSD after a road accident is among the most common psychological injury claims. The condition can arise even where physical injuries were relatively minor. Symptoms include flashbacks, nightmares, hypervigilance, avoidance of driving or travelling, and significant anxiety.
Accidents at work
Witnessing a serious workplace accident, being involved in a near-miss incident, or suffering a traumatic injury at work can all cause PTSD or other psychiatric conditions. Employers in Scotland have a duty to protect their employees' mental as well as physical health.
Medical negligence
Negligent medical treatment can cause psychological injury both directly (for example, awareness under anaesthesia leading to PTSD) and consequentially (where a negligent misdiagnosis leads to avoidable treatment with psychological consequences).
Harassment and bullying at work
Systematic workplace harassment, bullying, or discrimination can cause recognised psychological disorders including depression, anxiety and adjustment disorder. These claims are sometimes brought as personal injury claims in addition to or instead of employment tribunal proceedings.
Industrial disease and other serious diagnoses
Being told you have a serious industrial illness caused by negligent exposure, such as mesothelioma, can itself cause significant psychiatric harm that forms part of the overall compensation claim.
How much compensation can you receive for psychological injury in Scotland?
Compensation for psychological injury covers general damages (for the condition itself) and special damages (for the financial consequences).
General damages by severity
| Condition and severity | Approximate range |
|---|---|
| Minor psychological injury, full recovery within 2 years | £1,500 to £5,500 |
| Moderate psychological injury, recovery with some residual effects | £5,500 to £19,000 |
| Moderately severe PTSD or psychiatric disorder | £19,000 to £54,000 |
| Severe psychiatric disorder with permanent effects | £54,000 to £115,000 |
PTSD-specific ranges
| PTSD severity | Approximate range |
|---|---|
| Minor PTSD, full or near-full recovery | £4,000 to £8,000 |
| Moderate PTSD, significant recovery with some lasting effects | £8,000 to £23,000 |
| Moderately severe PTSD | £23,000 to £59,000 |
| Severe PTSD with permanent significant disability | £59,000 to £100,000+ |
Special damages
Where psychological injury affects your ability to work, you can claim for lost earnings. Other recoverable special damages include the cost of private therapy or counselling, psychiatric consultations, and any medication costs.
All figures are ranges, not guarantees. The value of your claim depends on the specific facts of your case and the medical assessment of your condition.
How is psychological injury proved?
To succeed in a psychological injury claim, you will need evidence from a medical expert. Your solicitor will instruct an independent psychiatrist or clinical psychologist to assess you and provide a report covering:
- The diagnosis
- The cause (linking the condition to the accident)
- The current severity of your symptoms
- The likely prognosis
Your GP records and any treatment records will also be obtained as supporting evidence.
What is the time limit for a psychological injury claim in Scotland?
The standard time limit under the Prescription and Limitation (Scotland) Act 1973 is three years from the date of the accident, or three years from the date you first knew (or reasonably should have known) that your condition was caused by someone else's negligence.
For psychological injuries that develop gradually, or where the link to the accident was not immediately obvious, the date of knowledge rule is particularly important.
If the injured person was under 16 at the time of the accident, the three-year period starts on their 16th birthday, giving them until their 19th birthday to claim.
Is a psychological injury claim handled on No Win No Fee?
Yes. Psychological injury claims are handled on a No Win No Fee basis:
- You pay nothing to begin your claim
- You pay nothing if your claim is unsuccessful
- If your claim succeeds, you keep 100% of your compensation
Our fee is met by the other party's insurer in most successful cases.
What if I am too anxious to deal with the claims process?
We understand that the process of bringing a claim can feel overwhelming, particularly if you are suffering from PTSD or severe anxiety. Our solicitors are experienced in working with psychologically injured clients and will handle all communication and paperwork on your behalf. You will only need to be involved when absolutely necessary, and we will explain each step clearly before proceeding.
Frequently asked questions
Can I claim for psychological injury caused by watching someone else get hurt? Yes, if you are a secondary victim and meet the legal tests (close tie of love and affection with the primary victim, direct witness to the accident, recognised psychiatric injury). These claims are more complex and legal advice is essential.
Do I need to be seeing a GP or therapist for my claim to succeed? Not necessarily, but medical evidence of your condition is required. Your solicitor will arrange an independent medical assessment. However, seeking treatment is in your own best interest and also provides evidence that you have been affected.
Can I claim for psychological injury as well as physical injury? Yes. Psychological injury is often claimed alongside physical injury as part of the same claim. The two types of loss are assessed separately and the compensation is combined.
What if I had a pre-existing mental health condition? You can still claim if the accident worsened or triggered a new episode of an existing condition. You would be compensated for the extent to which your mental health has been made worse, not for the underlying condition itself.
How long does a psychological injury claim take? Straightforward claims can settle within 6 to 12 months. Claims involving moderate or severe psychiatric conditions may take longer, particularly if the prognosis is uncertain and a period of monitoring is required.
Will I have to attend court? Most claims settle without a court hearing. If a hearing is necessary, your solicitor will prepare you fully and support you through the process.
Start your psychological injury claim today
If you have developed PTSD, anxiety, depression or another psychological condition as a result of an accident that was not your fault, you have the right to claim compensation.
Call 0800 123 4567 for a free, no-obligation assessment. We handle psychological injury claims across Scotland on a No Win No Fee basis.
