Many types of accidents are a traumatic experience in some way, and I would say that even a minor accident can affect a person psychologically. Some psychiatric injuries can be long term and more sever and when there is a proper diagnosis of a recognised psychological condition, the Claimant can claim compensation for the psychological injuries sustained in addition to any physical injuries.
To get compensation for psychiatric injury there are a number of conditions a Claimant must satisfy. There must be an actual psychiatric injury (that is diagnosed) and mere fear, worry or grief is not always sufficient. Primary victims are those in the zone of physical danger.
Primary victims need to establish that physical harm was foreseeable and there is no need to establish that psychiatric injury was foreseeable.
Secondary victims are those not within the physical zone of danger but witnesses of a horrific events. Secondary victims must show that they are in a close tie of love and affection (with the primary victim), that they witness the event with their own unaided senses. There must be proximity to the event itself or its immediate aftermath and the psychiatric injury must be a result of a shocking event.
A close tie of love and affection will be present and is presumed in a parent/child relationship and between spouses. However this must be proved in other relationships including a brother/sister relationship. The event must be witnessed with own unaided senses and this means that witnessing the events on the television is not sufficient. An example of this is the Hillsborough Disaster where people witnessed loved ones being crushed but witnessing the accident on the television is not sufficient for a claim for psychiatric injury. Proximity to the event or immediate aftermath is closeness to the event or aftermath itself and will depend on individual circumstances. The psychiatric injury must have been caused by a shocking event and again this is individual to the circumstances of the particular case.
If you are alleging psychiatric injury then the main thing to note is that you can only recover compensation for a properly diagnosed psychiatric injury. Therefore it is essential that you seek medical advice so that a diagnosis can be made or investigated.
To discuss a potential compensation claim do not hesitate to contact The Injury Lawyers today.
