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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:
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.
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) for those including:
You can make a personal injury claim for:
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:
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:
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.
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:
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:
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.
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, and we aim 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:
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:
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.
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 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:
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.
When claiming for compensation, Boyes Turner will help you gain:
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 by email.
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 medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.
Kim at Boyes Turner was recommended to me after I had received ineffective service from another company. From the outset, Kim has been professional, reassuring and supportive. I have always had faith in her ability to get the best outcome, not only financially, but also in helping my rehabilitation from a traumatic brain injury. She is friendly and empathetic, with unquestionable professional integrity. She was quick to grasp the important issues in my case, was meticulous in her investigating the details and analysing them, realistic in what the outcomes were likely to be and achieved a successful outcome.
I would not hesitate in recommending her and Boyes Turner.
Almost 5 years ago my sons suffered a life changing brain injury accident. A new life for everyone, so many unknowns so many difficult decisions. I met Claire and the team shortly after the accident. So many questions answered but more than that, amazing lovely people. Claire has been guiding me and the family throughout this ordeal with such compassion, there every time I needed her we couldn’t of asked for a nicer person. I have met many others with in Boyes Turner and all have been genuine lovely people, I’m now working with Ruth and Lindsay from the court of protection. Again, I can't say enough about them amazing lovely people. They truly do won't the best for my son and they did and continue to do so.
Claire is exceptionally knowledgeable in the personal injury legal domain, especially in the specific area of my injury. From our very first conversation, she was clear in explaining the potential different routes that the process could take and provided me with expectations of what I could expect along the journey.
She ensured that all bases were covered, organising meetings, discussions and necessary specialist appointments, in order to bring together the case and take it forward. Claire was then able to use her extensive pool of contacts, to appoint an "area leading" barrister, to represent me.
Overall, I was very pleased with appointing Claire and Boyes Turner to act as my solicitor for the legal claim that I pursued. Thank you for all of your support.
I approached Claire Roantree of Boyes Turner in regards to making a claim about a workplace burns injury. It was something that had scarred me physically and mentally and taken a huge toll on the lives of me and my family. Claire wasted no time in finding out what happened and made sure I was treated by known experts and quickly finding an answer to my burns scarring and how I could be treated to help manage my pain. Claire also helped me by appointing a psychiatrist to understand my situation and help me cope with post traumatic stress disorder. As well as taking as much stress of the claim away, she was thorough in every situation, making sure I had the best possible claim, and handled it all expertly, I am so very grateful to her and her team. They have helped guide my life back into a positive direction and I can't thank her enough!
Excellent service from Claire and her team at all times. We were kept up to date at each stage of our claim. The outcome was much better than we expected and we would not hesitate to recommend Boyes Turner to family and friends.