Can I claim compensation for emotional distress caused by being scammed?
Compensation for emotional distress arising from fraud is possible in civil litigation if the distress is a recognisable psychiatric condition caused by the defendant's wrongful act — general upset without diagnosed impact is harder to pursue as a standalone claim.
Last reviewed: 10 June 2026
Explanation
In civil law, compensation for 'psychiatric injury' (a recognised clinical condition) is a head of damage that can be included in a claim for fraud. If being scammed caused you a diagnosable condition such as major depression, anxiety disorder, or PTSD, this is a separate compensable head of damage in addition to the financial loss itself.
Uncomplicated distress and upset — while entirely real and valid — are harder to pursue as civil claims in their own right without evidence of a diagnosable condition. Courts distinguish between general 'grief, distress and upset' (which does not attract compensation as a standalone category under English law) and recognised psychiatric injury.
For claims to include distress compensation, you would typically need: medical records documenting the condition; a psychiatric or psychological expert report linking the condition to the scam; and a viable defendant with assets to enforce against. Many scam victims' cases against identifiable domestic defendants do include this element where the psychiatric impact is documented.
This is general information only. Whether emotional distress claims are viable in your specific case depends on the medical evidence, the nature of the claim, and the defendant. A personal injury or civil litigation solicitor can assess your situation.
Common red flags
- You are experiencing symptoms consistent with a clinical condition but have not sought medical assessment
- You are being told your distress does not matter because it is 'just' a financial loss
What to do now
- See your GP and describe the psychological impact of the fraud fully and honestly
- Keep records of any treatment, referrals, or prescriptions related to post-fraud distress
- Consult a civil litigation solicitor about whether distress compensation is viable in your case
- Do not minimise your symptoms when speaking to medical professionals
Frequently asked questions
Do I need a psychiatric diagnosis to include distress in a civil claim?
A formal diagnosis significantly strengthens a distress claim in civil litigation. General distress without medical evidence is difficult to quantify and recover in court. Expert psychiatric assessment translates your experience into evidence that a court can assess and award compensation for.
Can the financial ombudsman award compensation for distress?
Yes — the Financial Ombudsman Service can award distress and inconvenience compensation in addition to financial redress. This is typically a more modest sum than court damages but is available without the need for litigation. The FOS regularly makes such awards when banks have treated customers poorly.