Claiming for Mental Injury | Winston Solicitors Skip to main content

Sexual assault or sexual abuse claims can result in significant mental health issues. If you have suffered with your mental health as a result of the crime you have experienced, you may be able to claim an additional amount for mental injury.

Mental injury, or psychological injury is considered by the compensation scheme, so long as there is medical evidence to show that your mental health struggles are a direct result of the crime. For a lot of people, the psychological impact of sexual abuse, or a sexual assault is greater than the event itself.

If you are worried about your mental health the first person to talk to is your GP. They will be able to make assessments and referrals to specialist services to help you. A GP is likely to be able to diagnosis and treat conditions such as anxiety and depression. These conditions are much more common amongst people who have suffered abuse. A GP may tell you that you are suffering from Post Traumatic Stress Disorder (PTSD) type symptoms, but generally you would need an onward referral to get a formal diagnosis of this. If you have anxiety or depression, make sure you tell your solicitor when you make contact about a claim

Post Traumatic Stress Disorder (PTSD), according, to the NHS is an anxiety disorder caused by very stressful, frightening, or distressing events. It is likely to be treated by talking therapies, such as Cognitive Behavioural Therapy (CBT) on the NHS. You may receive a formal diagnosis of this from a specialist, such as a clinical psychologist.

The compensation scheme awards for mental injury depending on the level of severity of the injury and the impact on your day-to-day life, along with how long it lasts for (or is expected to last).

Mental injury claims can also be made if you have a diagnosis of bipolar disorder, emotionally unstable personality disorder, borderline personality disorder or schizophrenia. Any such diagnosis would need to have been made by a specialist. You will need to provide details of your currently treating mental health professional. In these cases, it is likely copies of mental health medical records, and a report from your clinical psychologist, or psychiatrist would be required.

Anyone receiving specialist treatment for any of bipolar disorder, emotionally unstable personality disorder, borderline personality disorder or schizophrenia who has been the victim of historic abuse would strongly be advised to look into making a compensation claim. If you have any of these conditions and you need support to make your claim you can instruct a solicitor to act on your behalf.

Speak to our criminal injuries claim team, call us on 0113 320 5000

For an initial free assessment of your case, please call our CICA Solicitors on 0113 320 5000 or email @email