Can I claim for the psychological impact of a car accident?

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    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Can I claim for the psychological impact of a car accident?

    If you have ever been involved in a car accident, you will know how stressful and upsetting it can be. Many people tend to focus on the physical consequences of an accident that can include injuries such as whiplash. However, there is also the psychological side of things to consider.

    Can I claim for a psychological injury?

    Often people suffer in an emotional sense after a car accident. It can depend on the severity of the accident, but it is quite common to feel distressed and suffer psychologically, as well as in a physical way. Compared to the phrase ‘personal injury claim’, this makes no mention of physical injury as opposed to psychological injury. In short, you may have a case to bring for such an injury, depending on the circumstances and severity of your accident.

    What’s the potential for winning compensation?

    It is important to speak with a professional solicitor if you wish to bring a claim for compensation following a car accident. Not all cases can include claims for psychological injury. Generally speaking, it is the more serious accidents that result in such a claim being made, and being successful.

    Consider the difference between breaking an arm that heals quite easily and suffering brain trauma as the result of a serious accident. It is fairly obvious that psychological injury would indeed occur in the second instance and not in the first. Of course, every case is dealt with on a separate basis, so there may be instances where a relatively minor accident incurs more trauma. This may occur if you received minor injuries but witnessed someone else being gravely injured in the same accident.

    I want more information on starting a claim

    If you feel you have a case for the psychological impact of a car accident you were in, consult an experienced injury solicitor for advice today. There is usually no fee or obligation and you will get the answers you are looking for. They will be able to help you bring a case to receive compensation for your accident if it was not your fault. It is always worth enquiring about the details of your accident instead of assuming you cannot claim, when you could in fact have a good case for doing so.

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