Proving psychiatric injury in personal injury claims: What evidence do you need?

Psychiatric injury can arise after a traumatic or stressful event, and may include conditions such as post-traumatic stress disorder, anxiety, or depression. Psychiatric injuries often occur alongside physical injuries, though it can be possible in limited circumstances to make a claim where only psychiatric injuries have been sustained, which I discuss in more detail in my previous article which provides an overview of personal injury claims for psychiatric injury.   

Psychiatric conditions are treated seriously in personal injury claims, but they must be supported by clear and reliable evidence. Unlike physical injuries, psychiatric harm is not always visible. This means the success of a claim often depends on how well the evidence shows both the existence of the condition and its impact on daily life. In this article, I explain the key types of evidence used in psychiatric injury claims and why they matter.

Medical Records

The claimant’s medical records are obtained at an early stage of the claim. These often include GP notes, records of any therapy or counselling and hospital records (where applicable). It is important to obtain medical records from both before and after the event. 

Medical records from before the event assist with assessing the impact of any pre-existing conditions. Where there is a history of mental health difficulties, this does not prevent a claim. However, it must be properly considered and supported by evidence. I discuss this in more detail in my previous article on pre-existing conditions in psychiatric personal injury claims. 

Medical records created at or around the time of the event are contemporaneous evidence of symptoms caused by the event. These documents are often some of the most important pieces of evidence in a claim. They provide an objective account of when symptoms began and how they developed over time. This helps to support the claimant’s account and adds credibility. 

If there is a delay in seeking medical attention, or gaps in the records, this can raise doubts about the claim. This is particularly the case for psychiatric conditions as you cannot prove the presence of the injury with a scan or an x-ray (as you often can with physical injuries). For this reason, it is important for individuals to seek appropriate medical advice as soon as possible and to follow any recommended treatment. 

Medical Expert Evidence

The role of independent experts 

Medical expert evidence is central to any psychiatric injury claim. Courts rely on independent specialist expert witnesses, usually a Consultant Psychiatrist, to assess the claimant, review the medical records and provide an objective opinion. 

The claimant and the defendant usually each obtain their own expert medical evidence. However, these experts are instructed to assist the court, not to act for either party. Their role is to provide a fair and balanced assessment based on their professional expertise. 

What expert evidence covers

An expert report will usually include a diagnosis of the claimant’s psychiatric injuries based on recognised medical criteria. It will also address whether the condition was caused by the event in question and provide treatment recommendations as well as a prognosis for recovery. 

In addition, the report will usually consider how the condition affects the claimant’s ability to work, maintain relationships, and carry out daily activities. This information is important when assessing the value of the claim. 

Witness Evidence

Who can provide evidence

Witness evidence can play an important supporting role in psychiatric injury claims. Statements are often provided by people who know the claimant well, such as family members, friends, or colleagues. 

What this evidence shows 

Witnesses can describe how the claimant was before the incident and how they have changed since. This may include: 

• Changes in mood or behaviour  

• Symptoms they observe the claimant suffering (such as panic attacks or  nightmares) 

• Withdrawal from social activities  

• Difficulties at work  

• Impact on relationships  

• Additional care and support provided to the claimant  

This type of evidence helps to illustrate the day-to-day impact of the condition. It compliments medical evidence by providing a fuller picture of how the injury affects the claimant’s life. It is also important in supporting a care claim where the witness has provided additional gratuitous care and assistance to the claimant due to their psychiatric injuries. 

The Importance of Strong Evidence

There are several common issues relating to evidence for psychiatric injuries that can affect the strength of the claim, including: 

• Delay in seeking medical treatment  

• Inconsistent reporting of symptoms  

• Failure to follow medical advice 

The quality and consistency of evidence can have a direct impact on the outcome of a claim. Strong evidence supports the credibility of the claimant’s account and helps demonstrate not only that a psychiatric injury exists, but also how serious it is and how long it is likely to last. 

Conclusion

A specialist solicitor, such as the expert team at Anthony Gold, can guide you through the process, gather the right evidence, and put forward the strongest possible claim. 

Early legal advice can make a significant difference to how well a claim is prepared and presented. 

Understanding the risks and avoiding common pitfalls can also help protect the credibility of a claim. With the right evidence and legal support, claimants are better placed to achieve a fair outcome.