Post Traumatic Stress Disorder Claim in Argyll and Bute
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Post traumatic stress disorder is not a specific medical condition with an easy diagnosis or attribution. It is rather a group of symptoms, and different people in the same accident with identical injuries may experience some or all of these symptoms in completely different combinations and with different levels of severity. Incidents may be continuous, or occur in certain situations.
For this reason it is essential to go to a solicitor with considerable experience in handling claims for post traumatic stress disorder. Psychiatric assessment will be crucial to the success of your claim.
Compensation for post traumatic stress disorder
It is very difficult to give general guidance, as victims experience such a wide range of differences in symptoms and severity. The following give some examples. Typical symptoms of post traumatic stress disorder are:
Avoiding places like the one where the incident occurred. Flashbacks, panic attacks, shaking, shortness of breath. Racing heart and loss of bowel/bladder control. Sleep loss, nightmares and headaches. Nausea and hot flushes. Forgetfulness, depression, lack of motivation and loss of confidence.
Minor post traumatic stress disorder from which the sufferer makes a full recovery in less than a couple of years. Up to £3,000.
Moderate post traumatic stress disorder. The sufferer will mostly recover and long-term effects will not cause major disability. £4,000 to £12,000.
Severe post traumatic stress disorder, in which the sufferer’s life is hugely affected and long-term professional treatment is required. £20,000 to £50,000.
Damages Award for Injury in Argyll and Bute
How are damages for injury arrived at?
An award of damages for injury consists of two parts. The most immediately obvious effects of your injury are covered by damages for “General Damages”. This part of your compensation award covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your damages will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your award involves financial loss or additional costs. Under this heading will come damages for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for being awarded damages?
If you are to win damages, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be awarded damages.
Will a pre-existing condition reduce my damages award?
On the contrary, any award for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.