Psychological Injury & PTSD Claims in Scotland

Last reviewed August 2026

Can you make a psychological injury claim in Scotland?

Yes — a psychological injury claim in Scotland can cover a recognised psychiatric condition caused by an accident or traumatic event, and in appropriate cases you may be able to claim even where you suffered no physical injury at all. Scots law accepts that harm to your mental health can be as real, and as disabling, as a physical injury. If someone else’s negligence caused or contributed to your condition, you may be owed compensation.

Which conditions can be claimed for?

A claim usually relates to a diagnosed psychiatric condition rather than ordinary upset or distress. Conditions that can often form the basis of a claim include:

• Post-traumatic stress disorder (PTSD)
• Anxiety disorders
• Depression
• Adjustment disorder

These can arise on their own — for example after a frightening road traffic accident, an assault, or witnessing a traumatic event — or alongside a physical injury. Where a psychological injury sits beside a serious physical one, it is often considered as part of a wider serious injury claim.

Why diagnosis and evidence matter

Because these injuries are not visible, medical and psychological evidence is central to a psychological injury claim. A case is far stronger where there is a diagnosis from a qualified professional — a GP, psychologist or psychiatrist — together with a record of the treatment and support you have needed. Keeping note of appointments, medication and how your day-to-day life has changed can all help a solicitor build the picture.

How Scots law treats psychological injury

In Scotland, the compensation for the injury itself, meaning the pain, distress and the effect on your life, is known as solatium. A psychological injury is assessed as part of solatium in much the same way as a physical one, taking account of how severe it is and how long it is expected to last. A claim may also cover related financial losses, such as time off work, the cost of counselling or therapy, and other out-of-pocket expenses. Every claim is assessed on its own facts.

Time limits

In most cases you have three years to bring a claim under the Prescription and Limitation (Scotland) Act 1973. With psychological injuries the three years often runs from the date you became aware that your condition was linked to what happened, which is not always the date of the event itself. Because this can be less clear-cut than with a physical injury, it is worth checking where you stand sooner rather than later. For more on how a case is valued, see our guide to personal injury compensation in Scotland.

No win, no fee

Claims of this kind are typically funded through a speculative fee agreement — often described as “no win, no fee” — with QOCS protection under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. In practice that usually means you can pursue a claim without taking on the financial risk yourself.

Start your free claim check

We understand this can be a difficult and sensitive subject, and there is no pressure. If you would like to know whether you may have a claim, tell us a little about what happened and we can connect you with specialist Scottish solicitors who handle psychological injury cases with care. Starting your free claim check takes only a few minutes.