At Harris Fowler Solicitors, we understand that witnessing a traumatic incident can have a profound and lasting emotional impact. In some circumstances, the law recognises the psychological harm experienced by those who witness such events and you may be eligible to make a Secondary Victim Claim.
What is a Secondary Victim Claim?
A Secondary Victim is someone who suffers a psychiatric injury (such as post-traumatic stress disorder, anxiety, or depression) as a result of witnessing or being closely involved in a traumatic event involving another person. This can involve someone who is a stranger or a friend or loved one.
This is different from a Primary Victim, who suffers physical and/or psychological harm as a direct result a someone else’s negligence (e.g. a person injured in a car accident).
In a Secondary Victim Claim, the injury is psychological only, and arises not from being physically harmed yourself, but from witnessing another person become injured due to negligence.
Legal Criteria for a Secondary Victim Claim
Secondary Victim Claims are complex and governed by strict legal requirements, primarily established in the landmark case of Alcock v Chief Constable of South Yorkshire Police [1991]. To succeed in a claim, certain key 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 may 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 the traumatic event or its immediate aftermath. Simply hearing about the incident afterwards is not usually enough. - Direct Perception of the Event
You must witness the event or its immediate aftermath with your own unaided senses, this means seeing it happen, hearing it first-hand, or encountering the immediate consequences (e.g., seeing a loved one seriously injured in hospital shortly 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. For example, witnessing a medical error unfold over time may not meet the legal test, whereas witnessing a loved one die suddenly during a medical procedure might. - Recognised Psychiatric Injury
You must have suffered a medically recognised psychiatric condition as a result of the event. General upset, grief, or emotional distress, however genuine, will not usually suffice unless diagnosed as a specific condition by a medical professional.
Common Scenarios Where Secondary Victim Claims May Arise
- Medical Negligence: For example, witnessing a loved one die due to a hospital’s failure to act on a critical condition.
- Serious Road Traffic Accidents: Where you witness or arrives immediately after an accident involving a friend or family member.
- 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.
Challenges in Secondary Victim Claims
Secondary Victim claims can be difficult to pursue due to the strict criteria outlined above. Courts are cautious in extending liability too far, particularly in medical negligence cases. However, each case is judged on its individual merits, and our expert solicitors will carefully assess the circumstances to determine the strength of your claim.
Next Steps
If you believe you have witnessed a traumatic event and wish enquire in regards to making a Secondary Victim claim, please don’t hesitate to contact us for a free confidential discussion with one of our experts to see if we are able to help.
