Can I Claim Compensation for Emotional Distress in the UK?

Emotional trauma can be just as devastating as physical injury—sometimes more so. If you’ve suffered psychological harm due to someone else’s negligence or deliberate actions, you may wonder whether you can claim compensation without having physical injuries.

The short answer is yes, but it’s more complex than physical injury claims. This guide explains when and how you can claim for emotional distress in the UK.

What Is a Psychiatric Injury Claim?

In UK law, “emotional distress” claims are more properly called psychiatric injury claims. The key distinction is:

• Ordinary distress – Upset, annoyance, worry, or general unhappiness is NOT usually compensable
• Psychiatric injury – A recognised mental health condition diagnosed by a medical professional IS compensable

To claim compensation, your emotional harm must amount to a recognised psychiatric condition, such as:

• Post-Traumatic Stress Disorder (PTSD)
• Clinical depression
• Anxiety disorders
• Adjustment disorders
• Pathological grief
• Chronic pain syndrome (with psychological elements)

UK Case Law: Key Principles

Watts v Morrow and Farley v Skinner

The landmark cases of Watts v Morrow and Farley v Skinner established that damages for distress can only be recovered in exceptional circumstances—typically where a “major or important object of the contract” was to provide pleasure, relaxation, or peace of mind.

In Herrmann v Withers LLP, this principle was applied when solicitors gave negligent advice about a house purchase. The court awarded £2,000 for distress and inconvenience caused by the professional negligence.

Alcock v Chief Constable of South Yorkshire

The Alcock criteria govern claims by “secondary victims”—people who witness traumatic events happening to others. To claim as a secondary victim, you must satisfy strict requirements:

• Close ties of love and affection with the primary victim (typically immediate family)
• Proximity to the event – physically close to the accident or its immediate aftermath
• Direct perception – you witnessed the event with your own senses (not via TV or being told later)

Types of Emotional Distress Claims

1. Intentional Infliction of Emotional Distress

Where someone deliberately causes you psychological harm through outrageous conduct. Examples include:

• Sustained harassment or bullying
• Deliberate humiliation or abuse
• Stalking
• Malicious threats

2. Negligent Infliction of Emotional Distress

Where psychological harm results from someone’s careless actions. This is more common and includes:

• Clinical negligence – misdiagnosis, botched treatment, or birth trauma
• Workplace accidents – witnessing serious injuries or being involved in traumatic incidents
• Road traffic accidents – even without physical injury, PTSD is common
• Professional negligence – solicitors, accountants, or surveyors causing significant stress through incompetence

3. Secondary Victim Claims

Where you suffer psychiatric injury from witnessing trauma to a loved one. The strict Alcock criteria apply.

Compensation Amounts

The Judicial College Guidelines provide brackets for psychiatric injury compensation:

These are guidelines—actual awards depend on your specific circumstances, including prognosis, impact on daily life, and any secondary financial losses.

What Do You Need to Prove?

To succeed in a psychiatric injury claim, you must demonstrate:

1. Duty of care – The defendant owed you a duty not to cause psychiatric harm
2. Breach of duty – They failed to meet that duty through negligence or deliberate action
3. Causation – Their breach directly caused your psychiatric injury
4. Recognised psychiatric injury – You have a diagnosed mental health condition, not just ordinary distress

Evidence Required

Psychiatric injury claims rely heavily on medical evidence:

• GP records – showing your mental health history and treatment
• Psychiatric assessment – a formal diagnosis from a psychiatrist or clinical psychologist
• Treatment records – therapy sessions, medication, counselling
• Employment records – if you’ve been unable to work
• Witness statements – from family and friends about the impact on your life
• Personal diary – documenting your symptoms and how they affect daily activities

Time Limits

Under section 11 of the Limitation Act 1980, you have three years to bring a psychiatric injury claim. The clock starts from:

• The date of the incident that caused your injury, OR
• The “date of knowledge”—when you first became aware your condition was linked to the defendant’s actions

Note: If your claim has both psychiatric and contract elements that can be separated, the six-year contract limitation period may apply to the non-personal injury part.

Common Situations Where You May Claim

• Road accidents – PTSD or anxiety after a collision, even without physical injury
• Workplace stress – if your employer failed to address bullying, excessive workload, or unsafe conditions
• Medical negligence – psychological trauma from botched treatment or misdiagnosis
• Witnessing death or injury – seeing a loved one hurt or killed due to someone’s negligence
• Harassment or stalking – deliberate conduct causing anxiety or depression
• Professional negligence – significant stress caused by incompetent solicitors, accountants, or other professionals

Steps to Take

1. See your GP – Get your symptoms documented in your medical records
2. Seek treatment – Therapy, counselling, or medication as appropriate
3. Keep a diary – Document your symptoms, triggers, and impact on daily life
4. Gather evidence – Save any communications, photographs, or records related to the incident
5. Get witness statements – Ask family and friends to document the changes they’ve observed
6. Consult a solicitor – Seek legal advice from someone experienced in psychiatric injury claims

Frequently Asked Questions

Can I claim if I also have physical injuries?

Yes, and it’s often easier. Psychiatric injury claims are more straightforward when they accompany physical injuries from the same incident. The compensation covers both.

What if my employer caused my stress?

Workplace stress claims are possible but require showing your employer knew (or should have known) about the risk to your mental health and failed to act. Single incidents of stress are rarely enough—it usually requires sustained exposure to harmful conditions.

Can I claim for grief after a bereavement?

Ordinary grief is not compensable. However, if your grief amounts to a recognised psychiatric condition (pathological grief disorder, depression, or PTSD), and someone else’s negligence caused the death, you may have a claim.

Do I need a formal diagnosis?

Yes. You’ll need evidence from a medical professional—typically a psychiatrist or clinical psychologist—confirming a recognised psychiatric condition. Self-diagnosis or GP notes alone are usually insufficient for litigation.

What if my mental health was already vulnerable?

The “eggshell skull” rule applies—defendants take their victims as they find them. If you had a pre-existing vulnerability that made you more susceptible to psychiatric injury, you can still claim for the full extent of harm caused.