Psychological Injury from Witnessing an Accident / Secondary Victim
Witnessing an accident where people are seriously injured or even killed can be so traumatic that you suffer psychological injuries yourself.
In this situation, you will be classed as a ‘secondary victim’ as you were not actually involved in the accident and were therefore not a ‘primary victim.’
In order to pursue a claim and recover damages, there are certain criteria that must be met:
- There must be a close relationship of love and affection between the Claimant (secondary victim) and the primary victim. This is usually a relationship or marriage, civil partnership or a parent/child relationship, but others could be considered by the Courts.
- The Claimant must suffer a recognised psychiatric injury, which means that their symptoms must be severe enough to receive a formal diagnosis from a Psychiatrist. The most common diagnosis in these claims is Post-traumatic Stress Disorder (PTSD), an Adjustment Disorder or Depression. Suffering from expected grief, low level distress or mild anxiety for a short period would not be enough to claim damages.
- The Claimant must be in close proximity in time and space to the scene of the accident or its immediate aftermath.
- The psychological injury to the secondary victim must have occurred as a direct consequence of them seeing or hearing the accident or its immediate aftermath (i.e. not by hearing about it from another person).
- It must be reasonably foreseeable that a person of normal fortitude would suffer psychological injury.
If you have not received a formal diagnosis from a Psychiatrist then please do not let this stop you from contacting us – it may be that your GP has not referred you to a Psychiatrist or you may still be awaiting an appointment due to lengthy waiting lists in the NHS. Each claim is unique, and we would be happy to carry out an initial assessment of your case free of charge if you think you may be eligible to claim.
If you have witnessed a traumatic accident involving a loved one and have suffered psychological injury then we may be able to help you. Please contact us free of charge and in confidence on 01254 385104 or at [email protected] for sensitive, specialist legal advice. Alternatively, you can complete this form and one of the solicitors in the Personal Injury team will contact you. You can find out more about the team here.
Other Personal Injury Services
Abbey Court Solicitors Team have
over 50 Years Experience
NHS Complaint or Medical Negligence Claim? Key Differences
Small Claims vs Civil Litigation: What’s the Difference?
Signs of Repetitive Strain Injury: What to Look Out For
What to Do After a Slip or Trip Accident: A Step-by-Step Guide
Buying a Property at Auction: A Step-by-Step Guide for Buyers
