An individual assessment
Discuss whether you can pursue psychological and psychiatric injury claims
Psychological injury claims require careful assessment of the event, the recognised harm and the legal basis for responsibility. Distress after an upsetting experience does not automatically meet the requirements for compensation. AJS needs to distinguish a direct accident-related injury from witnessing harm, workplace stress or other circumstances with different legal rules. Contact the firm for a sensitive scope assessment, while seeking appropriate healthcare independently of the legal enquiry.
See the wider serious injury claims serviceIdentify the event, diagnosis and legal relationship
What needs to be established
Psychological injury may follow a traumatic accident, a workplace situation or another event. These circumstances do not all have the same legal requirements. Explain whether you were directly involved, witnessed harm or experienced a developing work-related problem. A claim by a witness or family member can raise particular legal restrictions and should not be assumed equivalent to the injured person's claim.
How this affects your enquiry
Describe the clinical assessment and treatment, including relevant earlier difficulties. Ordinary worry, upset or dissatisfaction is not automatically an actionable psychiatric injury. Conversely, the absence of physical injury should not be used to dismiss a concern without assessment. Expert evidence may be needed to establish diagnosis, causation and prognosis.
Preserve records with appropriate sensitivity
What needs to be established
Keep relevant healthcare, workplace and incident correspondence privately. Explain effects on work, sleep, travel, relationships or daily activity using concrete examples. A solicitor does not need public social-media disclosure or detailed therapy notes in an initial message. Agree the scope and secure handling of sensitive information before transferring it.
How this affects your enquiry
AJS can assess whether the enquiry falls within work it can accept and what expert investigation is required. Immediate mental-health needs should be directed to appropriate healthcare or emergency support. Legal correspondence is not a crisis service, and neither contact nor a diagnosis guarantees compensation.
Prepare for your psychological and psychiatric injury claims discussion
Give a focused account of your circumstances
Describe the event and symptom timeline in your own words, with relevant treatment and referral records. Identify earlier mental-health history and other significant events without assuming they invalidate your account. Record practical changes in work, travel or relationships factually. State communication preferences and any existing legal representation, and avoid sending detailed private records through an unagreed channel.
Agree scope, costs and the next action
Discuss scope and funding before instruction. Read our costs information and ask which terms would apply to your case.
Psychological and psychiatric injury claims: questions before instructing
Can psychological injury be considered without a physical injury?
It may be, depending on the facts and applicable legal requirements. Explain your relationship to the event and the medical evidence. A claim based on workplace exposure, direct involvement or witnessing harm can require different analysis.
Does a workplace grievance prove psychiatric-injury liability?
No. It may contain relevant facts, but a civil injury assessment needs its own duty, breach, causation and harm analysis. Preserve the grievance and response while explaining the clinical history and events, rather than treating an internal finding as automatically decisive.
Is ordinary distress always a compensable psychological injury?
No. The nature of harm and the applicable legal requirements need individual assessment.
Can symptoms following a physical accident be considered?
Yes. Medical evidence should address the symptoms and their connection with the accident.
What if I witnessed someone else's injury?
Different legal requirements may apply, so explain your relationship, location and experience accurately.
Can workplace stress use the same route as an accident?
Not automatically. Employment context, foreseeability and the relevant duties require a distinct assessment.
Does a diagnosis alone establish liability?
No. A recognised condition does not by itself prove another party owed and breached a relevant duty.
Should I disclose previous mental-health treatment?
Yes. A complete history helps distinguish baseline health, aggravation and other contributing events.
Can family observations support the chronology?
They may describe changes they observed, but do not replace clinical assessment.
What if I have not yet received a diagnosis?
Describe the current position and seek appropriate care; do not adopt a diagnostic label solely for a claim.
Can therapy costs be assessed?
Provide recommendations, invoices and the connection with the relevant injury, accounting for existing provision.
Does continuing to work disprove psychological injury?
No. Explain actual function and adjustments without overstating inability or hiding difficulties.
Should I make myself relive the event for evidence?
No. Evidence gathering should be proportionate and sensitive, with clinical support where needed.
Can disrupted travel after an accident be relevant?
Describe the limitations, treatment and actual additional costs rather than assuming every avoided journey is recoverable loss.
What if another stressful event occurred afterwards?
Disclose it so causation and the course of symptoms can be assessed honestly.
Are private messages suitable evidence?
Relevant lawful records may help, but avoid unnecessary disclosure of other people's confidential information.
Can a relative contact AJS initially?
They can enquire, but authority and confidential instructions must be established appropriately.
Does an apology prove psychiatric harm was foreseeable?
No. The legal issues require evidence beyond the fact that someone apologised.
Can legal proceedings themselves be stressful?
Discuss communication needs and support arrangements so you understand the practical demands before instruction.
How do I begin a psychological injury enquiry?
Provide the event, symptoms or diagnosis, treatment, practical effects and preferred confidential contact method.
Sources and further reading
England and Wales claim enquiries. Ask about jurisdiction for other locations. See our terms and information about this website.
Related claim services
Speak to Alexander James Solicitors
Ask about your psychological and psychiatric injury claims
Contact AJS with a short account of the incident and any approaching deadline.
