Secondary Victims in Personal Injury Claims.

When most people think about personal injury claims they think of the person directly injured in the accident. However, a personal injury claim can also be brought by a secondary victim, that is, by a person who witnesses a horrifying event, or its immediate aftermath, if they have a close relationship with the individual involved and as a result suffer psychiatric injuries.

In order to bring a successful claim for damages as a secondary victim, the event must have been caused by a third party's negligence and it must be a sudden and shocking event causing the victim to suffer a recognised psychiatric injury as a result of directly witnessing the event or its immediate aftermath. In addition, the secondary victim must have a close tie of love and affection with the primary victim, that is, the person directly involved and injured in the incident.

An example of a situation which could result in a personal injury claim for a secondary victim, would be witnessing a serious road traffic accident involving a family member. For example, if a mother was inside her home and on hearing a collision ran outside to the road and saw her child, who had been struck by a motor vehicle and suffered serious injuries. The child who was injured in the accident is the primary victim and the mother the secondary victim. Whilst the mother did not witness the accident occurring, she witnessed the immediate aftermath and if the unexpected shock leads to a psychiatric injury she could pursue a claim for damages for the psychiatric injury suffered and consequential losses.

Establishing a successful claim on behalf of a secondary victim can be more complex than establishing a claim on behalf of the primary victim. At Lanyon Bowdler we have experience of representing secondary victims and understand the evidence that is required to pursue a claim successfully. For specialist legal advice, please contact a member of our Personal Injury Team who will be happy to assist you. claim is conducted properly and approving any settlement offers. In cases involving a child or an adult who lacks capacity, any compensation agreed must be approved by the court before the claim can be finalised.