Historically the Courts have not been keen to award compensation for psychiatric illness arising either out a life threatening incident as in the case of post traumatic stress disorder (PTSD) or as a result of continual overbearing stress in an employment situation however matters have improved over the last decade and there is now a reasonable chance of succeeding in an application for compensation for psychiatric illness.
Post traumatic stress disorder or PTSD is sometimes suffered after being involved in an incident which is outside or should be outside normal human experience, particularly those accidents which involve a life threatening experience. This triggers symptoms which psychiatrists recognise under their diagnostic manuals as ICD 10 and DSM IV symptoms.
Compensation for PTSD which can be a highly debilitating long term illness attracts a wide range of damages depending on the severity of the psychiatric injury and the length of the illness which for many people can be an incurable chronic illness that impinges on work and all aspects of lifestyle.
POST TRAUMATIC STRESS DISORDER PTSD – CASE LAW
In 1999 a client was injured in road traffic accident and suffered PTSD for six months. She still had ongoing symptoms of avoiding the place where the accident happened. During the 6 months she had shortness of breath, shaking, sleep loss, hot periods, nightmares, headaches loss of confidence in driving skills, became de-motivated at work and suffered reduction of libido. The damages awarded for PTSD alone i.e. excluding other physical injury and wage losses, treatment costs etc, was £3,000.
In 1997 court decided that a woman whose 10 year old daughter was killed whilst her anorak drawstring was caught in bus door and dragged under wheels was entitled to £45,000 compensation for PTSD for the following symptoms :- Flashbacks, panic attacks, nausea, sleep loss, mood swings, forgetfulness, depression [mild] drank to excess and prescribed diazepam.
STRESS AT WORK
It is also now possible in certain well defined cases to claim for psychiatric illness caused as a result of an employer failing to take reasonable steps to protect an employees wellbeing. If you are in a position of stress at work and have suffered previous mental difficulties that your employer was aware of and have been placed back into a stressful situation then you may be able to claim compensation if you are suffering from a mental illness that your employer should have assisted you to resolve by removing the circumstances that caused the initial incident. Don’t suffer in silence – talk to us – we offer a sympathetic and confidential ear to assist in the resolution of these difficulties or at least to assist in obtaining compensation.
UMBRELLA CLAIMS
Umbrella Claims is a specialist organisation that deals exclusively with accident compensation claims on a No Win No Fee basis. Win or lose there is no charge*. This means that you never have to pay anything to us or our personal injury solicitors. All compensation received of whatever nature is paid to you in full without any deduction whatsoever - absolutely guaranteed. We will minimalise any inconvenience to you and we offer free advice without obligation from some of the best lawyers in the business. We ensure that our client’s interests are a priority and our lawyers deal with claims in a friendly, efficient and competent manner to ensure that you get the compensation that you deserve in the shortest time scale possible.