A mother who saw the aftermath of a fatal car accident and later discovered that her son had been killed in it has been awarded more than £230,000 compensation which will be paid to her by the insurance company after she made a secondary victim claim. She was unaware at the time she saw the car’s wreckage that her son was involved and only became aware later when the Police contacted her. She son David was killed when a speeding driver lost control of his car.
What is a secondary victim claim?
A secondary victim is someone who has suffered psychological injury as a result of the injury or fear of injury to a primary victim, ie, a family member. In certain circumstances they can make a secondary victim claim.
However, anyone being informed of the death or injury of a close relative, in whatever circumstances, is always likely to be shocked and therefore, to prevent a flood of claims, the Courts have introduced through Case Law a number of control mechanisms as a matter of policy to restrict the number of potential claims.
What are the Control Mechanisms for a secondary victim claim?
• The Claimant (the person claiming compensation) must have a close tie of love and affection with the person killed, injured or imperilled;
• The Claimant was “close to the accident” in time and in space;
• That Claimant directly perceived the accident or its immediate aftermath rather than, for example, hearing of it;
• The Claimant must be of reasonable fortitude.
An example of a Secondary Victim Claim
A Claimant’s son is injured in an accident and the Claimant witnesses the aftermath on the television. The Claimant suffers psychological injury as a result. If the injuries were not significant as a result of the accident and were not near fatal, the Court may find that a Claimant of reasonable fortitude, whilst naturally being upset and concerned for the welfare of their son, would not subsequently have suffered from
nervous shock arriving at the scene of the accident as you did. In this situation the Claimant has only suffered psychological symptoms and no physical injuries.
What medical evidence is needed to support a Secondary Victim Claim?
The Claimant would need to obtain medical evidence from a Psychiatrist to confirm whether they suffered from a recognised psychiatric condition such as Post Traumatic Stress Disorder and thereafter pursue a Claim against the responsible party.
We are able to give you immediate legal representation, rehabilitation and treatment no matter where you are in England, Scotland or Wales for your secondary victim claim. We also provide urgent:
1. Home visits
2. Hospital visits for those who are unable to meet us at home
3. Face to face meeting at one of our private meeting rooms based in all UK cities
What Does It Cost To Make a Secondary Victim Claim?
100% of our Secondary Victim Claims are made on a Conditional Fee Agreement which you will know as a “No Win No Fee” Agreement which means that you do not have to worry about any financial risk at all.
Many people are put off from making a Secondary Victim Claim due to the worry around the cost. We will provide you with a free of charge appointment with us to discuss your Secondary Victim Claim and help you to decide if you would like to make a claim. We guarantee that if you lose your Secondary Victim Claim you pay ABSOLUTELY NOTHING so you have nothing to lose by making a Secondary Victim Claim.
We can help with your Secondary Victim Claim
David Healey at Carter & Carter Solicitors is very experienced in handling Secondary Victim Claims as well as a variety of other accident compensation claims such as serious injury claims, fatalities, catastrophic injuries and amputations to name just a few.
Get in touch now about your Secondary Victim Claim
If you think that you have a Secondary Victim Claim, would like to have a chat about a potential claim or require further information, contact David Healey.