What is a secondary victim claim?

I recently received instructions from the mother of two young boys who had been involved in a serious road traffic accident.  The younger boy was hit by a car at around 40mph and suffered lift-changing brain injuries.  His older brother witnessed the entire accident, and, seeing his brother’s unconscious body in the road, thought that he was dead.

As the older brother, he felt a keen sense of responsibility that he should have been ‘looking out for’ his younger sibling.  Of course, fault rests with the driver of the car, not a child walking along the side of the road with his brother and their friends.  Despite that, feelings of guilt and the fear of witnessing a horrific accident has had an extensive psychological effect on him.

So, what does the law say?

It is possible for a person to witness an accident to another person, and who suffers injury as a result of what they saw, to claim compensation as a “secondary victim”.

The law developed following two important cases, where the Courts, in the aftermath of the Hillsborough football disaster, changed the law to make it possible for some people who witness accidents, and are affected by what they see, to claim compensation.

The courts have created a number of tests which must be passed before it is possible for a person to claim as a secondary victim.

1. They must have a relationship of love and affection with the primary victim.
2. They must have witnessed the event or its “immediate aftermath”.
3. They must have a “direct perception of the harm to the primary victim”,
4. They must be a fairly resilient person (in the Judge’s words “of reasonable fortitude”)

In the case I have described above, the older brother, as the witness has developed a psychological injury because of what he has seen. A detailed assessment by a psychologist or psychiatrist will be essential in this case.

Fortunately, with time and therapy, most people go on to make a good recovery. My client who thought his brother had been killed is gradually coming to terms with what had happened.  Specialist psychological therapy should give him the tools to cope better with how he was feeling.

If you think you, or someone you know has suffered psychological harm as a result of witnessing an accident to a loved one, don’t hesitate to contact us on 0114 218 4000 or email info@tayloremmet.co.uk