Psychological Injuries

Have you developed PTSD, anxiety, depression, or another psychological condition following an accident or traumatic event? We can help.

At Khan Law, we’ve helped clients across Glasgow and Scotland claim compensation for psychological injuries caused by road traffic accidents, workplace incidents, medical negligence, and other traumatic events. Whether you’re suffering alone or alongside physical injuries, our experienced solicitors can help you secure the compensation you deserve.

If you’ve experienced psychological harm due to someone else’s negligence in Glasgow or elsewhere in Scotland, we’ll guide you through every step from obtaining expert psychiatric evidence and establishing liability to dealing with insurers and securing maximum compensation.

Personal Injury Solicitors Specialising in Psychological Injuries

At Khan Law, we specialise in psychological injury compensation claims under Scots law. Whether you’re suffering from post-traumatic stress disorder (PTSD), severe anxiety, clinical depression, adjustment disorders, or other recognised psychiatric conditions following a road traffic accident, workplace trauma, or medical negligence, our experienced personal injury solicitors can help you obtain the compensation you’re entitled to.

Psychological injuries are just as real and compensable as physical injuries. Under Scots law, if your mental health has been damaged due to another’s fault or negligence, you have the right to claim. We understand that invisible injuries can be the hardest to prove and the most difficult to live with. That’s why we work with leading psychiatric experts to build compelling cases that reflect the true impact on your life.

What Psychological Injuries Can I Claim For?

Under Scots law, you may be entitled to claim compensation if you’ve been diagnosed with any of the following recognised psychological conditions:

· Post-Traumatic Stress Disorder (PTSD): A debilitating condition that can develop after witnessing or experiencing a traumatic event, causing flashbacks, nightmares, severe anxiety, and intrusive thoughts.

· Severe Depression: Clinical depression that materially affects your ability to work, maintain relationships, or enjoy daily life.

· Anxiety Disorders: Including generalised anxiety disorder (GAD), panic disorder, and phobias that developed following a traumatic incident.

· Adjustment Disorders: Psychological conditions that develop when struggling to cope with the aftermath of an accident or life-changing injury.

· Psychological Injuries from Sexual or Physical Abuse: Recognised under recent updates to compensation guidelines, with significantly increased awards reflecting the serious impact of abuse.

Importantly, you don’t need to have suffered a physical injury to claim for psychological harm. Many successful claims in Scotland are made for pure psychiatric injury where no physical injury occurred, provided you can demonstrate the psychological condition was caused by another’s negligence.

Common Causes of Psychological Injury Claims in Scotland

Road Traffic Accidents

Car accidents, motorcycle collisions, and pedestrian incidents can cause severe psychological trauma. You may develop PTSD after a serious crash, experience anxiety about driving or travelling, or suffer depression following life-changing injuries. Even if your physical injuries have healed, the psychological impact may persist for months or years.

Workplace Accidents and Trauma

Witnessing a fatal accident at work, suffering a catastrophic injury such as an amputation, or experiencing a near-miss incident can all lead to recognised psychiatric conditions. Under the Health and Safety at Work Act 1974, your employer has a duty to protect not just your physical safety but your mental wellbeing.

Workplace Stress, Bullying, and Harassment

Prolonged exposure to excessive stress, systematic bullying, or harassment in the workplace can cause serious psychiatric illness. If your employer failed to provide a safe working environment or ignored warnings about your deteriorating mental health, you may have grounds for a claim.

Medical Negligence

Substandard medical or psychiatric care that causes or worsens a psychological condition, delayed diagnosis leading to psychological harm, or traumatic experiences during medical treatment may give rise to a claim under Scots law.

Criminal Injuries

If you’ve suffered psychological trauma as the victim of a violent crime, you may be eligible to claim through the Criminal Injuries Compensation Authority (CICA), which covers England, Scotland, and Wales. We can guide you through both civil claims and CICA applications.

Who Can Make a Psychological Injury Claim in Scotland?

Primary Victims

If you were directly involved in an accident or incident and developed a recognised psychiatric condition as a result, you are classified as a primary victim. This includes situations where you feared for your own safety or suffered psychological harm alongside physical injuries.

Secondary Victims

Under Scots law, in certain circumstances, you may claim as a secondary victim if you witnessed a traumatic event involving a close family member. However, the law in this area is complex following recent Supreme Court decisions, and establishing liability requires careful legal analysis of your specific circumstances.

Relatives in Fatal Cases

If a loved one has died due to another’s negligence and you’ve developed a recognised psychiatric condition as a result, you may be able to pursue a claim under the Damages (Scotland) Act 2011. Recent proposals recommend expanding who can claim in these circumstances.

Time Limits for Psychological Injury Claims in Scotland

Under the Prescription and Limitation (Scotland) Act 1973, you normally have three years from the date you knew (or should reasonably have known) that your psychological condition was caused by another’s fault or negligence.

For some psychological conditions, symptoms may not appear immediately or you may not connect your mental health difficulties to the original incident until months or even years later. The three-year period begins when you became aware (or should have become aware) of the link between your condition and the incident.

Time limits also apply in fatal cases and where children are involved. An early consultation with Khan Law can confirm your position and help ensure you don’t miss crucial deadlines.

How Liability Is Established in Scots Law

In Scotland, claims for psychological injuries are brought as actions in delict, the Scots law equivalent of negligence. To succeed, you must prove that:

· Duty of Care: The defender (defendant) owed you a duty of care. This could be an employer’s duty to provide a safe workplace, a driver’s duty to take reasonable care on the road, or a medical professional’s duty to provide competent treatment.

· Breach of Duty: That duty was breached through fault or negligence.

· Causation: The breach caused or materially contributed to your psychological condition.

· Loss: You suffered quantifiable loss, whether physical, emotional, or financial, as a result.

As experienced psychological injury solicitors in Glasgow, we work with leading psychiatric experts who can provide detailed medical evidence establishing the nature, severity, and cause of your condition. We’ll also gather supporting evidence including GP records, workplace documents, witness statements, and any other material that strengthens your case.

What Compensation Will I Receive for Psychological Injuries?

If your claim succeeds, you may receive compensation under two main heads:

Solatium (Pain and Suffering)

This compensates you for the psychological distress, suffering, and impact on your quality of life. Awards are based on the severity and duration of your condition. Under the Judicial College Guidelines (17th Edition, 2024), which are used in Scotland with a small adjustment, compensation brackets include:

· Severe PTSD with permanent effects: £66,920 to £122,850

· Moderately severe PTSD with significant ongoing symptoms: £23,050 to £66,920

· Moderate PTSD with substantial recovery expected: £9,980 to £23,050

· Less severe PTSD with good prognosis: £4,820 to £9,980

· Severe psychiatric damage from sexual/physical abuse: £109,830 to £183,050

These figures were uplifted by 22% in 2024 to reflect inflation and may be adjusted further depending on when your case settles.

Patrimonial Loss (Financial Losses)

This covers the measurable financial impact of your psychological injury, including:

· Loss of earnings: Past income lost due to time off work and future earnings if your condition affects your ability to work long-term

· Care and assistance: Costs of support provided by family or professional carers

· Medical expenses: Private psychiatric treatment, counselling, therapy, and medication costs

· Loss of employability: If your psychological condition has reduced your earning capacity or forced a career change

· Travel costs: Attending medical appointments and therapy sessions

Every case is unique. The level of compensation depends on your diagnosis, the severity and duration of your condition, its impact on your life, your age, employment history, and other individual factors. Khan Law will carefully assess your circumstances and pursue the maximum compensation available under Scots law.

Why Choose Khan Law for Your Psychological Injury Claim in Glasgow?

· Specialist Personal Injury Expertise: We focus on serious personal injury claims including psychological injuries under Scots law, with deep understanding of the latest developments in this evolving area.

· Local Glasgow Knowledge: As Glasgow-based personal injury solicitors, we understand the local healthcare system, employment landscape, and have established relationships with Scotland’s leading psychiatric experts.

· 5 Stars on ReviewSolicitors: Our track record speaks for itself. We’re trusted by clients across Scotland for our professional, compassionate approach to sensitive psychological injury claims.

· Comprehensive Support: We manage every aspect of your claim, from arranging psychiatric assessments and obtaining detailed medical evidence to negotiating with insurers and presenting your case.

· Client-First Service: Psychological injury claims require sensitivity and understanding. You’ll receive clear, compassionate advice, regular updates, and support from a dedicated legal team who recognises the challenges you’re facing.

· No-Win, No-Fee Funding: Most psychological injury claims are handled on a no-win, no-fee basis, meaning no upfront financial risk to you and no legal fees unless your claim succeeds.

· Free Consultation: We offer a free, no-obligation initial consultation to assess your case and explain your options clearly.

When you choose Khan Law, you’re working with Glasgow personal injury solicitors who combine legal excellence with genuine empathy for clients dealing with invisible but devastating injuries.

What to Do Next – Free Case Review

If you believe you may have a psychological injury claim:

1. Contact Khan Law today for a free, no-obligation case review

2. Provide a brief summary of the incident or circumstances that led to your psychological condition, your diagnosis, and how it has affected your life

3. We’ll advise whether you have a valid claim, explain the process, expected timescales, and funding options

4. Act quickly to preserve evidence, secure early medical assessment, and avoid time-bar issues

If you’d like to make a claim, contact our team on 0141 378 0514, or fill out our enquiry form, and a member of our team will be in touch.

Our Glasgow-based personal injury team is ready to help you secure justice and the compensation you deserve for your psychological injuries.

FAQs

Can I claim for psychological injury without physical injury?

Yes. Under Scots law, you can claim for pure psychiatric injury if you can prove it was caused by another’s negligence. However, establishing liability for psychological-only injuries can be more complex, which is why expert legal representation is crucial.

How long do psychological injury claims take?

Timescales vary depending on the complexity of medical evidence, whether liability is disputed, and how quickly you recover. Some cases resolve within 6-12 months; more complex claims involving severe conditions may take 18-24 months or longer. We’ll provide realistic timescales once we review your case.

Will I need to see a psychiatrist?

Yes. To succeed with a psychological injury claim, you’ll need an expert psychiatric report from a qualified consultant psychiatrist or clinical psychologist. We’ll arrange this assessment and cover the cost, which will be recovered as part of your claim or covered by our no-win, no-fee agreement.

What if my employer or the other party denies causing my psychological injury?

This is common, especially in workplace stress claims. We’ll gather comprehensive evidence including witness statements, occupational health records, correspondence, and expert psychiatric opinion to build a compelling case. Many claims initially denied are ultimately settled once strong evidence is presented.

Can I claim if my psychological problems existed before the accident?

Yes, if the accident or incident significantly worsened your pre-existing condition. Scots law recognises that you can claim for an aggravation or acceleration of existing psychological difficulties, provided expert evidence supports this.

Do I have to attend court?

Most psychological injury claims are settled out of court through negotiation. If a court hearing becomes necessary, we will represent you and provide full support throughout. Court appearances in Scottish personal injury claims are less common than many people fear.

I’m struggling to cope at work – should I continue working?

This is a personal decision best made with guidance from your GP or psychiatrist. From a legal perspective, continuing to work doesn’t prevent a claim, though you should document how your condition affects your work performance. If you need to take time off or reduce hours, keep records of lost earnings.

Can I claim through CICA and make a civil claim?

If your psychological injury resulted from a violent crime, you may be eligible for both a CICA claim and a civil claim against the perpetrator. We can advise on the best approach for your circumstances and manage both claims if appropriate.

I witnessed a traumatic accident at work involving a colleague – can I claim?

Potentially, yes. The law for secondary victim claims (where you witness harm to another) is complex following recent case law. We’ll need to assess the specific circumstances, including your relationship to the injured person and the nature of what you witnessed. Contact us for a detailed evaluation.

What if I’m worried about the cost of making a claim?

Don’t be. We offer no-win, no-fee funding for most psychological injury claims. This means you don’t pay anything upfront, you don’t pay as the case progresses, and you only pay our success fee if we win your case. There’s no financial risk to you in finding out if you have a valid claim.