Can You Claim Compensation for Emotional Distress in the UK?
Many people who experience psychological suffering following a traumatic event are unsure if they can seek compensation. In the UK, emotional distress or psychological injury can, in some cases, form the basis of a legal claim—particularly where it results from negligence or a breach of duty. However, these types of claims are often complex and depend heavily on the specific circumstances and medical evidence involved.
At Stonehewer Moss Solicitors, we understand how overwhelming it can be to consider legal action while coping with emotional distress. Our experienced team is here to offer guidance and support. If you’re unsure whether you may have a case, we invite you to call us for a free 30-minute consultation—no need to book in advance.
What Is Emotional Distress?
Emotional distress refers to psychological suffering such as anxiety, depression, post-traumatic stress disorder (PTSD), or sleep disorders that may result from traumatic events. These experiences can significantly impact daily life, relationships, and work—but are not always visible to others.
In legal terms, emotional distress is usually recognised when it amounts to a diagnosable psychological injury. For a claim to be considered, there typically needs to be supporting medical evidence and a clear connection between the distress and a specific incident caused by another party’s negligence or breach of duty.
When Might a Claim Be Possible?
There are a number of scenarios in which individuals may be able to pursue compensation for emotional distress in the UK. These include:
Following a Physical Injury
Psychological injuries are often included as part of a broader personal injury claim. For example, if you were injured in a road traffic accident or workplace incident and also experienced emotional distress as a result, it may be possible to claim for both the physical and psychological impact.
Medical Negligence
Errors in medical treatment, misdiagnosis, or delayed diagnosis can lead to significant psychological suffering. If there is evidence of negligence and a resulting recognised psychiatric condition, you may have grounds for a claim.
Workplace Stress or Harassment
Excessive stress at work, particularly when linked to bullying, harassment, or unsafe working conditions, can lead to psychological harm. Employers have a legal duty to protect their staff’s health, including mental health. If that duty has been breached, it may be appropriate to explore a claim.
Trauma as a Witness or Bystander
In very limited cases, it may be possible to claim for psychological injury suffered as a result of witnessing a traumatic event—such as seeing a loved one injured or killed. These claims, known as “secondary victim” claims, are subject to strict legal tests.
What Evidence Is Required?
Emotional distress claims often rely heavily on the strength of the medical evidence. A formal diagnosis from a GP, psychologist, or psychiatrist is usually required. In addition, your solicitor may gather:
- Personal statements detailing your symptoms and how your life has been affected
- Reports from mental health professionals
- Testimonies from family, friends or colleagues
- Evidence of the incident or negligence that caused the distress
Every case is unique, and our role is to assess whether the evidence supports a potential claim. If you’re unsure where to start, our team is available to provide guidance with no obligation.
Why Choose Stonehewer Moss?
With over 15 years of experience in personal injury and psychological injury matters, Stonehewer Moss Solicitors has helped many individuals explore their legal rights after traumatic experiences. We are recognised by the Association of Personal Injury Lawyers (APIL), and our senior partner is a long-standing APIL Fellow.
We offer:
- Free 30-minute consultations with a qualified solicitor
- No Win No Fee arrangements where appropriate
- A friendly, professional and honest approach
We take time to understand the full impact of emotional injuries and will handle your case with care and discretion.
Call us today for confidential legal advice:
If you believe your emotional wellbeing has been affected by an incident that was not your fault, it may be worth seeking legal advice. We understand how sensitive these issues can be and are here to listen and advise.
There’s no pressure, no obligation—just a conversation with a solicitor who can help you understand your options. If we believe you may have grounds for a claim, we’ll explain the next steps. If not, we’ll tell you honestly and clearly.
Click here to learn more about our free 30-minute consultations, or call us directly using the number above.
If you’re considering a No Win No Fee arrangement, you can also watch our short explainer video here.
Frequently Asked Questions
Yes, but only in specific circumstances. You may be able to claim compensation if you’ve suffered a recognised psychological injury—such as PTSD, anxiety or depression—caused by someone else’s negligence. Medical evidence is usually required.
Compensation amounts vary depending on the severity of your psychological injury and how it has affected your daily life. Minor cases may receive a few thousand pounds, while severe, long-term conditions may attract awards of £40,000 or more.
Not always. While many emotional distress claims accompany physical injuries, it is possible to claim for psychological harm alone—if it meets the legal criteria and is backed by professional medical evidence.
You’ll typically need a diagnosis from a GP, psychologist, or psychiatrist. Additional supporting evidence—such as personal statements, witness accounts, or workplace documentation—can strengthen your case.
