When someone is directly injured as a result of someone else’s negligence, they are entitled to bring a claim for compensation as a primary victim. But what if you are not directly involved, but you are a witness to something traumatic? A secondary victim is someone who suffers a psychological injury (such as post-traumatic stress disorder, anxiety, or depression) as a result of witnessing another person being injured. However, there are strict rules as to who is entitled to claim.
In a secondary victim claim, the injury is limited to psychological harm only, and arises from witnessing another person being injured due to someone else’s negligence. If the victim has been personally endangered or physically hurt, they will likely be considered a primary victim.
Secondary victim claims are governed by strict legal requirements, primarily established in the landmark case of Alcock v Chief Constable of South Yorkshire Police (1992) however, the criteria was further restricted by the UK Supreme Court’s 2024 ruling in the case of Paul & Anor V Royal Wolverhampton NHS Trust.
To succeed in a claim, the following criteria must be met:
- A close tie of love and affection
You must have a close relationship with the primary victim, such as being a spouse, parent, child, or sibling. While other relationships could be considered, the law only automatically recognises the above as sufficient unless strong evidence is provided.
- Proximity in time and space
You must be present at the scene of a sudden, shocking event (i.e. an accident) or its immediate aftermath, such as witnessing a death, extreme danger or injury and discomfort suffered by the primary victim.
- Direct perception of the event
You must witness the event or its immediate aftermath with your own unaided senses, which means seeing it happen, hearing it first-hand, or encountering the immediate consequences (e.g. seeing a loved one seriously injured soon after the event).
- Sudden and shocking event
The psychiatric injury must be caused by a sudden, shocking event, as opposed to a gradual realisation or prolonged exposure to distressing circumstances.
- Recognised psychiatric injury
You must have suffered a medically recognised psychiatric condition as a result of the event. Although you may have suffered genuine emotional distress or grief, this will not usually suffice unless diagnosed as a specific, recognised condition by a medical professional.
Scenarios where secondary victim claims may arise:
- Serious road traffic accidents: where you witness or have arrived immediately after an accident involving a friend or family member and witnessed the aftermath.
- Workplace accidents: where you witness or are closely involved in the aftermath of a fatal or catastrophic injury at work to a family member or work colleague.
- Medical negligence: for example, witnessing a loved one die due to a hospital’s failure to act on a critical condition (this rules out claims based on witnessing a gradual death due to medical negligence).
Issues that may arise in secondary victim claims
Secondary victim claims can be difficult to pursue due to the strict criteria as outlined above. Courts are cautious in extending liability too far, therefore each case is assessed on its individual merits by our solicitors.
If you would like to enquire regarding a potential claim, you can contact our personal injury team on 0161 696 6235 who will be happy to discuss the matter with you and advise you further.
Blog author: Donna Wilkes
Comments