Home › Guides › PTSD and psychiatric injury claims: do you need a report?
If you are making a claim for compensation based on psychiatric injury, such as post-traumatic stress disorder (PTSD), you will usually need an independent medical opinion on your diagnosis and on what caused it. That opinion normally comes from a psychiatrist or psychologist who assesses you and reviews your records. In civil claims in England and Wales, a party needs the court’s permission before relying on expert evidence, so the report is a formal step, not just a letter from your doctor. Whether you need one in your case depends on the facts, so speak to a solicitor early.
This article covers what psychiatric injury means, when a report is useful, the time limits as of October 2026, and what to look for in an expert.
What is psychiatric injury?
A psychiatric injury is a mental health condition that follows from an event, such as a road accident, an assault or a traumatic incident at work. PTSD is one example. The NHS describes its symptoms as including:
- repeated, distressing thoughts about the event, such as flashbacks, intrusive images and nightmares;
- avoiding people or places that remind you of it, or being unable to recall parts of it;
- negative beliefs about yourself, losing interest in things you used to enjoy, and difficulty in relationships;
- feeling detached from yourself or the world, or struggling to control your emotions;
- constant alertness for danger, sleep problems, and unexplained headaches or stomach problems.
The NHS also notes that symptoms can appear straight after the event, or months or years later. That delay is one reason claims can be hard to pin down, and why a clear medical account matters.
If you are struggling now, your health comes first. The NHS advises seeing a GP if you think you have PTSD symptoms or if treatment is not helping, and adults can refer themselves to NHS Talking Therapies. Keep your GP informed, even if you are also planning a claim.
When is an expert report needed?
A GP’s notes show what you reported and what was treated. They are important, but they do not usually answer the questions a court asks about diagnosis, cause and prognosis. That is why a specialist report is common in psychiatric injury claims.
You are more likely to need one if:
- the other side disputes that you have a psychiatric condition, or disputes that the event caused it;
- your symptoms are complex, or there are other causes such as earlier trauma, bereavement or money worries;
- the value of the claim depends on how severe and long-lasting your symptoms are;
- your solicitor believes the court will need an independent view before deciding the case.
Your solicitor will decide whether to ask the court for permission to rely on an expert, and may propose a name. In some cases the court directs that one expert should be shared by both sides, rather than each party instructing their own. That is called a single joint expert.
It helps to know the expert’s role. Under the Civil Procedure Rules, an expert has an overriding duty to help the court on matters within their expertise. That duty comes before any obligation to the person who instructs or pays them. In practice, a good expert is an independent witness, not your advocate, and they should be willing to say when the evidence does not support a point.
Time limits as of October 2026
Time limits depend on the type of claim. Three are most relevant to people with psychiatric injuries.
| Type of claim | Time limit | Notes |
|---|---|---|
| Personal injury claim (England and Wales) | Three years | The clock runs from the later of the date of the event or the date you first became aware of the relevant facts. |
| Employment tribunal, problem on or after 1 October 2026 | Six months | Applies in England, Wales and most of Scotland. Notifying Acas is still part of the process. |
| Employment tribunal, problem before 1 October 2026 | Three months | The earlier, shorter limit still applies to earlier problems. |
The three-year rule for personal injury claims comes from section 11 of the Limitation Act 1980. The date you became aware of the relevant facts matters, so it can start later than the date of the event. Even so, do not wait to see whether that applies to you. Ask a solicitor to check the dates early.
The employment tribunal change is new. From 1 October 2026, most tribunal claims in England and Wales have a six-month limit instead of three months, for problems that happen on or after that date. GOV.UK says the longer limit applies where the problem happened on or after that date, so earlier problems stay under the shorter one. For breach of contract claims in Scotland, the date is 9 November 2026. If the time limit has passed, a judge can still allow a late claim in some circumstances, but that is a decision for the tribunal, not something to rely on.
If your psychiatric injury came from work, such as a bullying or harassment situation, the time limit for bringing a tribunal claim may be the first deadline to check.
How to choose a psychiatric expert
Your solicitor will usually suggest experts, but you can ask questions about any name you are given. Good checks include:
- Registration. A psychiatrist should hold a current licence with the GMC, and their specialist register entry should be confirmed. A psychologist should be on the HCPC register , which lists practitioner psychologists.
- Experience. Ask how many similar cases they have dealt with, such as PTSD after a road traffic accident or after a workplace incident.
- Court experience. Ask how often they have given evidence and been cross-examined.
- Conflicts. Ask whether they have acted for the other side, even in an unrelated matter.
- Willingness to act jointly. Ask whether they would accept a single joint expert appointment.
- Fees in writing. Agree the rates, what they cover (the report, questions, court attendance), and any cancellation charges before the work starts.
- Timetable. Confirm they can assess you and report within the deadline the court has set.
Some warning signs are worth watching for. These include an expert who seems to have reached a view before meeting you, who is dismissive about the possibility of cross-examination, or who will not revise an opinion when the evidence changes. Be wary of reviews or polished websites on their own. Verify the registration and ask for references through your solicitor.
What to do now
- Look after your health. See a GP if symptoms are affecting your daily life.
- Keep a note. Record symptoms, dates, sleep problems and how they affect work or home.
- Gather documents. Keep letters, fit notes, incident reports, employment papers and any messages about the event.
- Speak to a solicitor early. Ask them to check the time limits and whether an expert report is needed.
- Do not wait for the symptoms to settle. Limits run whether or not you feel ready to act.
Key points
- Psychiatric injury claims usually need an independent expert opinion on diagnosis and cause.
- Personal injury claims generally have a three-year limit from the later of the event or your awareness of the relevant facts.
- From 1 October 2026, most employment tribunal claims have a six-month limit for problems on or after that date.
- Experts owe their first duty to the court, not to the party who instructs them.
- Check registration with the GMC or HCPC, and ask about fees in writing.
Frequently asked questions
Do I always need a psychiatric report for a PTSD claim? Not always, but it is common. The need depends on whether the diagnosis or cause is disputed and how complex the case is. Your solicitor can advise.
Can my GP write the report? Your GP’s notes and letters are useful evidence, but a report that gives an expert opinion on diagnosis and cause for court is usually prepared by a specialist.
How long do I have to start a personal injury claim? Usually three years, starting from the later of the event or the date you first became aware of the relevant facts.
Does the six-month tribunal limit apply to my claim? It applies if the problem you are complaining about happened on or after 1 October 2026. Earlier problems still have the three-month limit.
Who pays for the expert? That depends on how your case is funded and how the court deals with costs. Ask your solicitor how the fees will be agreed and recovered.
What if I am not sure where to start? Speak to a solicitor who works in personal injury or employment law, as the right route depends on the facts. Your GP can also help with the health side.
This site is an archive of a consultant psychiatrist’s medico-legal practice in Bromley. That practice has closed and takes no new cases. Its guides, including one on how to find and check an expert witness, set out useful questions, but some of their details are out of date, so use them as a starting point and confirm current rules and fees with a solicitor.