In this article, we will explain:
- What a secondary victim claim is;
- Who can make a claim;
- What evidence you need to prove your claim; and
- How much compensation you might receive.
What is a secondary victim claim?
A secondary victim claim arises where an individual suffers a recognised psychiatric injury after witnessing, or being closely involved in, a traumatic incident affecting another person (known as the 'primary victim').
The psychiatric injury must be a medically recognised condition, such as post-traumatic stress disorder (PTSD), depression or anxiety. General upset, grief or distress are not enough on their own to support a secondary victim claim.
For example, a parent who witnesses the immediate aftermath of a road traffic incident involving their child and later develops PTSD may have a claim.
Who is a secondary victim?
A secondary victim is usually someone who has a close relationship to the primary victim, such as a parent, child or partner of the individual. In some cases, siblings or close friends may be successful in making a secondary victim claim, provided they can prove the relationship was particularly close.
An individual with no personal connection to the primary victim, for instance a bystander, would not be successful in making a secondary victim claim.
What are the criteria for a secondary victim claim?
The case of Alcock v Chief Constable of South Yorkshire Police sets out the criteria which individuals have to meet in order to qualify as a secondary victim. They must have:
- A "close tie of love and affection" with the primary victim. In other words, they must have a close relationship;
- Suffered from sudden and unexpected shock as a result of the incident. It is not enough for the psychiatric injury to have developed gradually;
- Been present at the incident or in the immediate vicinity and witnessed the aftermath shortly afterwards. This often includes a secondary victim attending the scene of the incident or visiting the primary victim in hospital shortly afterwards;
- Seen or heard the event themselves. It is not sufficient for the secondary victim to have learnt about it from others or seen it on television; and
- Suffered from a recognised psychiatric injury as a result of witnessing the death of, extreme danger to or injury suffered by the primary victim.
How do I prove a secondary victim claim?
If you are a spouse, parent or child of a primary victim, you will prove your relationship to the primary victim with documents such as birth or marriage certificates. If you are another relative or close friend, you will have to provide a statement detailing the closeness of your relationship with the primary victim. Photographs can also help demonstrate the closeness of your relationship.
You will also have to provide a statement of what you witnessed and how it has impacted you. We take a trauma-informed approach when helping clients prepare this evidence. Some prefer to write their own statement with prompts from us. Others prefer to talk it through.
Medical evidence is also crucial to proving your claim. An independent medical expert will assess your psychiatric injury by meeting with you and examining your medical records. They will then provide a written report commenting on your diagnosis and likely recovery.
How long do I have to make a secondary victim claim?
You have 3 years from the date of the traumatic incident or from the date of the diagnosis of the psychiatric injury to raise a court action for compensation.
How do you value a secondary victim claim?
The value of your claim depends on the severity of your psychiatric injury, the impact it has had on your life and what your recovery may look like. Your claim may also include financial losses, such as loss of earnings, if you have been unable to work as a result of your psychiatric injury.
For specific, tailored advice on a potential secondary victim claim, please contact the MFMac Personal Injury Team. You can also call 0131 247 1000 for a free, confidential discussion.
