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Having never taken legal action before, I found Boyes Turner very helpful and diligent during my injury claim. When I moved to the USA during the case, they were still able to answer all of my concerns and keep me informed, giving me advice every step of the way. I would recommend Boyes Turner to anyone who is considering representation
Boyes Turner’s injury claims lawyers understand that experiencing a serious accident or medical negligence can have life-changing effects which go beyond physical injury. Alongside their injuries, regardless of severity, many who have been injured in accidents also suffer long- term debilitating effects from a psychological reaction to their traumatic experience, accident or medical treatment, or the resulting physical injury.
Psychological injury can range in severity from reactive depression and anxiety disorder to the highly intrusive and distressing symptoms of post-traumatic stress disorder (PSTD). Where someone suffers from PTSD or psychological injury, depending on the circumstances of the traumatic event or injury, they may be entitled to compensation.
We recover compensation for ‘primary victim’ adults or children whose PTSD and/or psychological injury was caused by negligent medical care, accidental or traumatic injury. We also act for ‘secondary victims’ who have suffered severe psychological injury from witnessing their loved one’s death or injury.
PTSD or post-traumatic stress disorder is a condition experienced by people who suffer psychological trauma in response to a life-threatening or terrifying event. PTSD must be diagnosed according to specific diagnostic criteria set out in the fifth edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM-5), or International Classification of Diseases (ICD-10).
The symptoms of PTSD can vary widely between individuals but usually involve a combination of re-experiencing the event, avoiding feelings or anything associated with the event, and hyperarousal which keeps them constantly anxious and on edge.
Symptoms of PTSD include:
PTSD can also affect children, who may have similar symptoms to adults. In addition to the physical symptoms of PTSD they may express their suffering with difficult behaviour, avoidance, or re-enacting the traumatic event repeatedly through their play.
It is normal and understandable to experience some of the symptoms listed above for a short time after a traumatic event, but if they persist for more than a few weeks or develop at a later date, help should be sought from a GP. Approximately 1 in 3 people who experience a traumatic event develop PTSD.
After talking with the patient about their experience and symptoms, the GP will refer the patient to a psychologist for a formal diagnosis and treatment. In a personal injury claim, a consultant psychiatrist will be instructed to diagnose the condition and any other psychological conditions such as anxiety and depression.
Individuals can react to similar accidents and injuries in different ways. Each client’s compensation claim is made on the basis of their own unique circumstances and our medical experts’ assessment of their physical and psychological injuries.
Any unexpected, life-threatening or highly distressing accident or event has the potential to cause additional psychological injury to those it harms. Claims arise where an individual or organisation’s negligence was responsible for the accident and the injuries caused, such as:
PTSD and psychological injury are often compensated in medical negligence and accident claims involving severe injury, such as:
PTSD can be treated. Depending on the severity of the symptoms and how soon they occur, treatment may include:
CBT is a talking therapy that is most commonly used to treat anxiety and depression but can be useful for other mental and physical health problems, including PTSD. CBT focuses on how the injured person’s thoughts, beliefs and attitudes affect their feelings and behaviour, and helps them manage their condition by changing the way they think and behave.
EMDR is a psychotherapy treatment that was originally designed to ease the distress associated with traumatic memories. It allows the injured person to heal from the symptoms and emotional distress caused by disturbing life experiences. It involves the individual using eye movements whilst being asked how they feel, until the memory is no longer disturbing. The individual is processing the trauma with both hemispheres of the brain stimulated.
We investigate the circumstances of each client’s injury and ensure that their claim is made against the correct defendant individual or organisation.
Medical negligence claims involving PTSD and psychological injury are often made against:
Serious injury claims involving PTSD and psychological injury from accidents are often made against:
As with physical injury, PTSD and psychological injury can affect injured people’s ability to look after themselves, work, drive, and enjoy relationships with family and friends. In most cases, our clients have also suffered severe physical or neurological disability. Compensation helps maximise their recovery and adapt to life with their new disability, by providing access to:
Where the client’s injuries include PTSD or psychological injury, compensation can also pay for:
Compensation also eases the additional stress that comes from financial hardship which often follows an unexpected injury, by replacing lost earnings, meeting additional costs and restoring financial security.
In a compensation claim for PTSD it is vital to instruct specialist solicitors to ensure that the psychological condition is correctly diagnosed. Feeling scared, anxious or stressed after an accident or traumatic injury is not enough to claim compensation. The law says that the negligent individual or organisation which caused the injury is only required to compensate recognised diagnosed psychological conditions.
It is also important to find a solicitor who can provide you with access to treatment and/or rehabilitation as soon as possible to help in your recovery. Wherever possible, we use the Rehabilitation Code and/or interim payments, to provide our clients with early funding for treatment.
Psychological injury is often one part of a much wider and complex combination of injuries in the clients we represent, particularly those whose complex injuries result in ongoing pain. Pain and psychological injury often exacerbate each other, resulting in a vicious cycle. Our solicitors understand psychological injury and its interaction with other conditions. We ensure that our clients receive the most suitable treatment and recover their full entitlement to compensation.
Where the claim relates solely to PTSD, without physical injuries, the amount of compensation will depend on the following factors:
If you have suffered a serious injury as a result of somebody else’s negligence (breach of their duty of care), we may be able to help you make a claim for compensation.
Depending on the circumstances of your accident and the severity of your injury, we may also be able to help you claim compensation:
You can make a claim on behalf of:
The vast majority of our clients’ serious injury claims are settled without the need for a court hearing (trial). Our clients very rarely need to go to court.
Our personal injury specialists are highly experienced in investigating and assessing the strength of each client’s case. From the outset, and throughout the claim, we advise our clients clearly and honestly about their prospects of success.
Court proceedings are issued (started) in many cases but this does not mean that the case will end in a trial. There are many reasons why court proceedings might be issued:
We work hard to prove each client’s claim, based on evidence of the circumstances of their accident and the impact of their injury. We encourage cooperation with the defendant’s insurers and negotiate the best possible settlements for our clients. On the rare occasions when a claim cannot be settled without a court hearing, this will be because:
In the following circumstances, the law requires a judge to approve an out-of-court settlement, for the protection of those involved:
In these cases, the approval hearing will be a short hearing at which the lawyers for both parties explain the circumstances of the case and the settlement terms to the judge. In most cases our client will be expected to be in court during the hearing, accompanied and fully supported by members of our legal team.
The duration of a serious injury claim depends on the individual circumstances of the client’s case. Claims take less time to conclude if:
Claims are more complex and may take longer to resolve where:
Our nationally acclaimed serious injury specialists have helped hundreds of individuals and families whose lives have been devastated by accidents on the roads, at work, abroad or elsewhere. We understand the impact that a sudden, severe injury and its financial consequences can have on an individual and their family.
We work hard to secure cooperation with defendant insurers, to provide immediate needs assessments and timely funded rehabilitation for our clients to maximise their recovery in the all-important period immediately following an injury. Wherever possible we also secure interim payments to ease our clients’ financial hardship long before their claims have concluded.
By taking the time that is needed for the client’s rehabilitation and the careful assessment of their long-term needs, we can be confident that each client receives the full support and the compensation they deserve.
The amount of compensation that an injured person receives in a personal injury claim depends on a number of individual factors:
Depending on the client’s injury and the way it affects their life, their claim may include compensation for:
Compensation is carefully structured to make the best provision for the injured person’s needs. There are rules protecting compensation for children or adults who lack mental capacity. Compensation may be paid in one or more of the following ways:
An interim payment is a part-payment of compensation which is paid to the injured person, in advance, whilst the claim is ongoing. We can usually secure an interim payment from the defendant’s insurer where they have admitted liability (accepted fault) for our client’s injury.
We use interim payments to help the injured person and their family, who may be suffering financial hardship as a result of the injury. Where insurers are not willing to provide Rehabilitation Code funding, we sometimes obtain interim payments to ensure that our client receives the rehabilitation, case management and therapies that they need straight away.
Interim payments may be used to meet any genuine need, but it is important that the injured person and their family understand that the sums that they have already received as interim payments are deducted from their final compensation at the end of the claim.
Depending on the client’s injury, an interim payment may help meet their needs for:
By understanding and targeting provision for our clients’ rehabilitation and other essential needs early in the claims process, we help restore our clients’ mobility, independence and ability to participate fully in family and social life, long before the claim has concluded.
If you, or someone in your family has been seriously injured in an accident that was somebody else’s fault, you may be entitled to make a claim. If this feels daunting, alongside everything else that you are coping with in the aftermath of an accident, it may help to remember that:
The easiest way to get started is to talk to one of our friendly, experienced solicitors. You can talk to us free and confidentially about your potential claim, with no obligation, by contacting us here.
If you decide that you want to go ahead with making a claim, we will gather as much evidence as we can to support your claim. This evidence may include:
We will also contact the defendant and their insurers to begin working towards meeting your immediate needs and settlement of the claim.
It costs nothing to talk to us to find out about making a claim. Our initial advice is free.
When you first contact us we advise you whether we can help you make a claim. We discuss how your claim will be funded, and advise, fully and clearly, how that works and what it will mean for you.
We offer a range of funding options, but the majority of our clients’ claims are handled on a conditional fee agreement (CFA) basis, often known as ‘no win no fee’. This means that there is nothing to pay at the outset or until the claim is settled and you receive compensation. If you win your claim, the defendant’s insurer makes a contribution towards your legal costs. You pay nothing if your claim does not succeed.
Our personal injury lawyers are specialists in catastrophic and severe injury compensation claims. Our clients have often suffered life-changing injury resulting in permanent disability. Our aim is to assist their recovery by securing funded rehabilitation whilst supporting them in adjusting to the changes to their lives and securing compensation to meet their needs in the future.
Our clients usually have suffered one or more of the following:
A personal injury is an injury to the body. Sometimes the physical injury or the circumstances in which that injury was suffered also leads to a psychiatric or psychological injury.
When someone is injured as a result of another person or organisation’s breach of their duty of care (negligence), the injured person may be entitled to claim compensation for their injury and its financial consequences. The claim for compensation is made against the person or organisation that was responsible for the injury and is usually met by their insurer. The legal process of claiming compensation for injuries that are caused by negligence is known as a personal injury claim.
Boyes Turner’s personal injury team specialise in claims involving severe or catastrophic injury. Most of our clients have been injured in road traffic accidents (RTAs) and accidents at work.
For compensation claims relating to injuries which occurred in England or Wales the general rule is that court proceedings must be issued (formally started) within three years of the date of the injury. In most cases, before a claim can be issued work must be carried out to investigate the claim, notify the defendant and the insurance company against whom the claim is being made and obtain a medical report to support the claim. The sooner you contact us after an injury has occurred, the sooner we can begin to help you, and the better we can investigate and prepare your claim.
Longer time limits apply to children whose three-year time period only begins to run from the age of 18, meaning that their time limit expires when they reach the age of 21. As with adults, however, the sooner you contact us after your child’s serious injury, the sooner we can start helping the child and obtain financial help via the claim.
Time limits do not apply for those who lack mental capacity. Where an injured person’s mental capacity is uncertain, we work closely with our Court of Protection team to determine whether our client has capacity to bring their own claim. As with other claims, it is always advisable to contact us as soon as possible after the injury, to ensure that evidence can be preserved, rehabilitation started (where needed) and financial help secured via the claim.
In exceptional circumstances the court may extend the time limit (or limitation deadline).
Where the claimant could not have known that an injury had occurred until after the deadline for making the claim, the deadline is three years from the ‘date of knowledge’ (when the claimant first knew that they had suffered an injury). Asbestos-related disease claims, where symptoms of disease first appear decades after the exposure to asbestos, usually have limitation deadlines based on the ‘date of knowledge’.
If the injury occurred in an accident abroad, the law of the country where the accident happened will determine the time limit for making a claim. These time limits vary from country to country and can be much shorter than the deadlines in England and Wales. If you have suffered a serious injury that was not your fault whilst working, travelling, studying or on holiday abroad, you should contact us for advice straight away.
Our teams have been nationally recognised over the past decade for their dedication and commitment to securing maximum compensation for our clients
Our clients constantly recognize us as the most experienced, professional, efficient and supportive
“Thanks for everything. It’s been very nice to be able to put it all behind us and try to move forward. I cannot thank you and Boyes Turner for all you have done for me. It goes without saying I would always recommend Boyes Turner. I couldn’t have done it without your support.”
Thank you for all your hard work on behalf of myself and my family. You were recommended to us by a close friend back in 2017 and I will certainly recommend you again. You’ve been amazing and very reassuring considering how complicated I made things at times. It’s been one of the hardest times of my life but I was glad I had you on the end of the phone. It’s a surreal feeling now it’s all over but very relieved you got us the best outcome and I can’t thank you enough.
Through my dealings with Claire as my representative in a personal injury claim, I have been extremely grateful for her professionalism and attention to detail.
I believe going above and beyond to help accommodate my needs and explain everything in a way that I could understand. Working around timing for video calls and zoom meetings with myself and my mum, often on weekends and evenings. We always knew she was just a phone call away to answer any questions we had and if she didn’t have the answer then it would be found out for us. Once the claim was settled, she has still offered her support and provided contacts to do with my injury fund and further surgery I need.
Claire was very much the lynchpin in achieving settlement of a complex case. From the outset Claire ensured steps were taken to manage both rehabilitation and legal/case requirements in the correct sequence; this included the early appointment of a case manager.
In addition Claire has been a great support throughout a very emotional and difficult period in our lives.
After being involved in a Road Accident I enlisted the services of Boyes Turner to help settle our compensation claim for damages and ongoing injuries that I incurred as a result. I cannot recommend them highly enough. Their ongoing support throughout an extremely stressful ordeal was second to none. I suffered multiple injuries and they organised all my ongoing medical needs both physically and mentally, to help aid my recovery and rehabilitation. They managed my case with the utmost professionalism, concluding it satisfactorily so that I can move forward with my life and recovery. Thank you to Claire and her team for their amazing ongoing support and work with handling my case, in a time of great stress and uncertainty. Thank you so much for all you have done for me and my family.
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