Expert Witness Journal Issue 67 June/July 2026 - Flipbook - Page 12
Proving psychiatric injury in
personal injury claims: What
evidence do you need?
by Katie Charlton, Associate at Anthony Gold Solicitors LLP.
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.
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.
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 Expert Evidence
The role of independent experts
Medical Records
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’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.
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.
Medical records from before the event assist with
assessing the impact of any pre-existing conditions.
Where there is a history of mental health di昀케culties,
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.
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.
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
In addition, the report will usually consider how
the condition a昀昀ects the claimant’s ability to work,
maintain relationships, and carry out daily activities.
This information is important when assessing the
value of the claim.
EXPERT WITNESS JOURNAL
What expert evidence covers
10
JUNE 2026
