Post traumatic stress disorder (PTSD) claims

Frequently Asked Questions

• Why make a PTSD claim?

  To you or a loved one, it might seem as if bringing a PTSD claim will make little difference. After all, compensation can't turn the clock back or change how you feel. But what we'd say is that a successful PTSD compensation claim can be a real source of help and support.

  It can be the key that unlocks crucial therapy and treatment options to help you get better; to rebuild your life. It can also support you if you lose income or your work prospects are affected by your condition.

  And, when your PTSD is the fault of someone else, it can even have the potential to make sure that lessons are learned. That way, you play an integral role in protecting others from enduring the same trauma and challenges in future.

   
• Can you claim compensation for PTSD?

  To make a successful PTSD compensation claim, we must be able to show that you are suffering from PTSD and that this was caused by the traumatic event you have experienced.  We will obtain expert evidence from a psychiatrist to confirm this.  

  We then must prove that someone else is at fault for the traumatic event which caused you to develop PTSD.

  It's also worth knowing that PTSD symptoms may not become serious until long after the initial trauma. The sooner you contact our expert PTSD lawyers, however, the better. We'll provide all the help, advice and support you require as well as preparing a case on your behalf.

  People who suffer PTSD after witnessing a traumatic event involving family members might also be able to bring a claim as a secondary victim although there are limits on who can claim and in what circumstances.

  If you think you may have a PTSD claim, don't delay, call 0370 086 8687 or you can message us today.

• Can the armed forces or emergency services make a PTSD claim?

  Many people who suffer from PTSD are members of the emergency services or armed forces. If this is the situation that you or a loved one find yourself in, you may be able to make a PTSD claim, although there are limits on who can claim and in what circumstances.

• How does the PTSD claims process work?

  As awareness of PTSD has grown, more people are successfully claiming for this very real and potentially devastating condition. If we think that you have a strong PTSD claim, our personal injury team can give you the support you need.

  The claims process all starts with a phone call or email. By getting in touch, we'll arrange to speak with you. This lets us learn more about your experience in your own words. After talking and listening to you, we'll be able to tell you if we think you have a claim.

  If we do and you decide to go ahead, the first thing that your PTSD lawyer will do is ask you to undergo a medical examination. This is with an independent consultant – usually a psychiatrist.

  We know this might be distressing. But we do need to know how serious your symptoms are – and how long they might last. This lets us see what immediate help and support you need. It'll also help us to properly work out how much compensation will best meet your future needs.

  Your PTSD lawyer will also contact the person or organisation at fault for your initial trauma. If they don't accept fault and we consider you still have a good claim, we'll start the court process. In reality, all this will mean is that your PTSD claim will be settled by a certain date. It doesn't mean you must go to court and the majority of claims resolve without a court hearing.

   
• How many PTSD claims go to court?

  It's actually quite rare for a PTSD claim to go to court. In most cases, claims are settled out of court long before it gets to that stage. If your claim does go to court, however, please be assured that your PTSD claims lawyer will make sure you're ready and prepared for what it will involve.

   

   

• Who are PTSD claims made against?

  A PTSD claim can be made against an individual or a company and is usually dealt with by the other party's insurer. In the case of a road traffic accident involving an uninsured car, or when the other driver can't be traced, it will be made to the Motor Insurers' Bureau.

  For members of the emergency services, your claim will be made against your employer.

  For members of the armed forces, however, PTSD claims are slightly different. You can make a military injury claim through the civil court in certain circumstances.  You can also make a claim to the Armed Forces Compensation Scheme (AFCS). 

  By talking to one of our friendly legal experts, we can help you find out what your options are – and against whom the claim should be brought. For more details, please call 0370 086 8687 or you can send us a message.

   

   

• How much does a PTSD claim cost?

  The last thing you need when making a PTSD claim is the added financial burden of legal action. That's where we may be able to help. At Shoosmiths, our mission is to make sure you can get the legal and financial support you need. So, we may be able to take your case on a No Win No Fee basis. We'll tell you if we can as part of our initial consultation, which is always free.

• How long does a PTSD claim take?

  How long the claim takes will vary as there are many factors that can influence the time it takes to settle a claim. For example, if the other party doesn't accept fault or you require treatment which you wish to have before settling the claim, these are both situations which can affect the time it takes.

  In any case, our PTSD claims lawyers do all they can to reach a fast and satisfactory outcome. 

   

• What help and benefits are available for PTSD?
  There are a several benefits and types of support that you may be entitled to if you have a mental health condition like PTSD. Benefits may include:

  • Disability Living Allowance (DLA)
  • Universal Credit
  • Income Support
  • Incapacity Benefit
  • Personal Independence Payments (PIP)
  • PTSD victims could also claim Housing Benefit and be eligible for Council Tax support and discounts.

  Shoosmiths may be able to help you with a PTSD claim, only if:

  • You have been involved in a serious accident and suffered PTSD; or
  • You witnessed a loved one suffer serious injury or death in an accident that was the fault of someone else and you have developed PTSD
  • You have been involved in a serious accident at work and have suffered PTSD; or
  • You have suffered an assault or bullying at work and have suffered PTSD.

  To learn exactly what you may be entitled to if you have been diagnosed with PTSD visit your local Jobcentre or:

  • The gov.uk website;
  • For practical support and assistance, charities such as Rethink and Mind are often the most helpful;
  • Ex-service personnel can also call on groups such as Forces in the Community or Veterans UK.
• How long do you have to start a PTSD claim?

  For most personal injury claims, there's a three-year limitation period for bringing a claim which usually runs from the date of the original accident. There are exceptions to this, however. A PTSD claim may be one of them. Our team can let you know if you have a claim and if you're still within any time limit that might apply.