The accident lasted only seconds. The cars were pulled to the side, the police took notes, and you walked away seemingly unharmed. But weeks later, panic hits while driving, sleep is interrupted by nightmares, and even small daily tasks feel overwhelming. Under Texas Civil Practice & Remedies Code § 41.001(12), mental anguish caused by such trauma can be considered for compensation.
You may wonder how much compensation you can claim for anxiety. Our personal injury lawyer in Houston can guide you, factoring in emotional distress, treatment, and daily life impact. Early legal help ensures your claim covers all the ways the accident affects you.
Can You Claim for Anxiety After a Car Accident?
Yes. Psychological injuries, including anxiety, panic attacks, and PTSD, are recognised forms of personal injury and fall under non-economic damages, covering emotional suffering, distress, and daily life impacts. You don’t need major physical injuries to make a claim, as mental health can be deeply affected even after a minor accident. Can you get PTSD from a car accident? Car accidents can trigger PTSD, highlighting the serious psychological effects that support a claim. Successful claims usually require:
- A causal link between the accident and your anxiety.
- Evidence of symptoms and treatment.
- Documentation showing the impact on work, relationships, and daily life.
Factors That Affect Compensation for Anxiety
Compensation for anxiety is highly individual. Several factors are considered when assessing the value of your claim, helping to set realistic expectations. Under Texas Civil Practice & Remedies Code § 41.001(12), mental anguish caused by accidents, including anxiety and PTSD, is compensable.
1. Diagnosis and Severity
Mild situational anxiety may receive lower compensation, while clinically diagnosed PTSD or severe anxiety disorders with long-term impact carry higher value, similar to cases described in how car accidents can cause PTSD.
2. Duration of Symptoms
Short-term anxiety lasting a few weeks is treated differently than long-lasting symptoms spanning months or years, which can affect compensation amounts.
3. Impact on Work and Income
Anxiety that affects your ability to work, concentrate, or earn a living increases compensation, as seen in workplace injury claims in Houston. Evidence such as timesheets, wage slips, or employer letters is important.
4. Impact on Daily Life and Relationships
Difficulty driving, avoiding roads, or withdrawing socially is considered when assessing non-economic damages. These daily life limitations can significantly influence the claim’s value.
5. Cost of Therapy, Medication, and Treatment
Counselling sessions, therapy programs, medications, travel to appointments, and long-term mental health care all add to the total claim value. This is similar to timelines discussed in how long auto accident settlements take.
6. Legal and Regulatory Factors
Claims often reference the Judicial College Guidelines (JCG, 17th edition, 2024) for psychological injuries. Solicitors also consider precedent cases, as guidance from hiring an auto accident attorney in Houston, to estimate realistic compensation ranges.
Anxiety Compensation Examples
Instead of fixed numbers, claims are categorised by severity and impact, depending on how anxiety affects daily life, work, and treatment needs. Compensation considers the overall disruption caused by the accident.
- Mild Anxiety
Short-term symptoms that may resolve in weeks. Minor disruption to daily life and minimal therapy. Compensation reflects temporary discomfort. - Moderate Anxiety
Symptoms last for months, requiring regular therapy or medication. Work and daily routines may be affected. Compensation reflects ongoing distress and treatment costs. - Severe Anxiety or PTSD
Long-term or chronic symptoms, often including PTSD. Major disruption to work, relationships, and daily life. Compensation reflects substantial emotional and life impact.
Evidence That Strengthens Your Claim
The stronger your documentation, the more likely your claim will be fairly valued. Professional diagnoses from a GP, psychologist, or psychiatrist are very important, but practical evidence can also support your case. Useful evidence includes:
- Medical Records: Reports from your GP or mental health specialist, and therapy records. See guidance on after car accident injury signs and legal advice.
- Symptom Diary: Documenting panic attacks, avoidance behaviour, and sleep disturbances.
- Employer Letters: Detailing reduced work capacity, time off, or performance impacts, similar to issues in Houston workplace injury claims.
- Financial Records: Receipts for therapy, travel, medication, or lost wages.
- Witness Statements: From friends or family observing changes in behaviour.
Solicitors can help organise this evidence to clearly demonstrate both causation and the impact of your anxiety.
Whiplash and Anxiety Claims
Many car accident claims involve whiplash alongside anxiety. Psychological impacts associated with whiplash, such as anxiety or PTSD, may be added to general damages, but insurers often undervalue this component unless it is supported by proper medical evidence and documentation. The Whiplash Injury Regulations 2021 introduced set tariff amounts depending on injury severity and symptom duration:
- 9–12 months: £1,390
- 12–15 months: £2,725
- 15–18 months: £3,700
- 18–24 months: £4,345
How Long Do You Have to Claim?
Under the Limitation Act 1980, you generally have three years from the date of the accident or from when you first became aware of your injury to make a personal injury claim.
Exceptions include:
- Children under 18: The three‑year time limit begins on their 18th birthday.
- Individuals lacking mental capacity: A litigation friend can start the claim on their behalf.
Getting early legal advice is crucial to ensure you don’t miss the deadline, because once the time limit expires, your claim may be statute‑barred.
When to Consult a Lawyer
Anxiety and psychological claims are often underestimated by insurers, so speaking to a personal injury lawyer in Houston early can make a big difference. A lawyer can:
- Evaluate the full impact of your symptoms to ensure all aspects of your mental health are considered.
- Arrange expert assessments from psychologists or psychiatrists to support your claim.
- Recover financial losses, including therapy costs, medications, and lost income.
- Negotiate compensation on your behalf without direct dealings with insurers.
- Ensure deadlines and paperwork are properly handled to prevent missed claims.
Working with a solicitor increases the likelihood of fair compensation and reduces stress throughout the claims process.
Get Help for Anxiety
If anxiety, panic attacks, or PTSD are affecting your life after a car accident, professional support is available. You can receive confidential, empathetic advice and a case assessment to help you understand your rights. Early guidance ensures you take the right steps for your claim.
Contact Lakhani & McGrath to discuss potential compensation and the next steps in your claim. Your experience matters, and their team is here to provide support and ensure your case is handled properly.
