Can I claim for psychiatric injury after witnessing someone else’s accident? The secondary victim test explained

Seeing someone you love get seriously hurt can stay with you long after the accident itself. You might replay what you saw, struggle to sleep, or find that everyday situations suddenly feel frightening or overwhelming.

The law also recognises that witnessing an accident can cause a real psychiatric injury, and in some cases, you can claim compensation as a secondary victim.

In this blog, our personal injury lawyers explain the difference between primary and secondary victims, and when you may be able to claim compensation if you have witnessed an accident.

Who counts as a secondary victim?

A secondary victim is someone who suffers psychiatric injury after witnessing an accident or its immediate aftermath, but who was not directly involved. The person who was injured (the ‘primary victim’) does not need to make a personal injury claim for you to be eligible to start a secondary victim claim.

The rules around when a witness can make a claim are strict, so it’s not as simple as being able to seek compensation after witnessing a car accident, for example.

The secondary victim ‘test’

To claim as a secondary victim, you will generally need to show that:

• You suffered a recognised psychiatric illness
• You had a close relationship with the injured person
• You were present at the scene or arrived in the immediate aftermath
• The event was shocking
• Someone else’s negligence caused the accident and/or injury

While your personal injury solicitor and the law will look at each situation on a case-by-case basis, there are some general requirements that may be helpful when considering whether to make a secondary victim claim.

1. Did you suffer a recognised psychiatric illness?

Feeling shocked or upset, or experiencing grief, is a natural reaction, but on its own, it is not necessarily enough for a claim. The law requires a recognised psychiatric condition, such as post-traumatic stress disorder (PTSD), diagnosed by a medical professional. Read our coverage of Taylor v A Novo Ltd, in which a woman suffered PTSD after witnessing her mother’s death three weeks after she was injured at work.

If you are struggling, speak to your GP. Getting a diagnosis may help with your recovery, and it also provides the medical evidence a solicitor will need when putting your claim to the defendant.

The law also asks whether a person of ‘normal fortitude’ could reasonably have been affected by what happened. This does not mean you are being judged on how strong you are. It simply looks at whether the event could be expected to cause psychiatric harm to the everyday person.

2. Who was the person you saw injured?

To be eligible to make a secondary victim claim, you need to have had a ‘close tie of love and affection’ with the injured person. This usually means a close family member, such as a spouse, partner, child, parent or sibling, but it can include other relationships, such as a close friend.

If your relationship was close but does not fit into these example criteria, do not rule yourself out. Your solicitor can advise you on whether your relationship is likely to count.

3. Were you actually there?

You must be present at the scene of the traumatic event or its immediate aftermath.

• At the scene: you need to have been at the scene, or very close to it, in person. Seeing or hearing an accident on the news or on social media does not count. After the Hillsborough disaster in 1989, many people made personal injury claims after witnessing what happened on live TV. These claims failed because they were not there in person or in the immediate aftermath.
• Immediate aftermath: this means very soon afterwards, while the situation is still unfolding. For example, arriving at the roadside while your loved one is still being treated after a serious car accident. How soon is soon enough depends on the facts, which your solicitor can advise you on.

4. Was it a shocking event?

The event needs to have been sudden and shocking, such as a fatal pedestrian accident or a fall from height at work. A series of distressing events which gradually unfolds over time is unlikely to meet this test, however upsetting it was to live through.

5. Was someone else at fault?

The person you saw injured must have been hurt because of someone else’s negligence. For example, a driver who was not paying attention, or an employer who failed to keep a workplace safe.

What if I do not tick every box?

Every secondary victim claim is different, and some of these points are less clear-cut than they look. If you are unsure about any of them, it’s worth getting in touch with our personal injury lawyers.

When you aren’t eligible to claim

You are unlikely to be able to make a secondary victim claim if:

• You were told about an accident sometime after the event
• You saw photographs or video of what happened
• You suffered distress because a close relative was seriously ill
• You experienced grief following someone’s death
• You developed psychological symptoms because of a prolonged deterioration in someone’s condition
• You witnessed a stranger get hurt

Can I claim if my loved one was injured because of medical negligence?

Broadly speaking, no. In 2024, a Supreme Court judgment ruled that relatives cannot generally claim for witnessing the death or serious injury of a loved one caused by medical negligence. There is some uncertainty about accidents that happen in a medical setting, for example, where a baby is injured during delivery. Injuries to babies occurring due to difficulties during their delivery could, in some circumstances, be an example of where the ’accident’ criteria are met.

How long do I have to make a secondary victim claim?

The general time limit for a personal injury claim, including a secondary victim claim, is three years. This runs from the date of the incident or from when you became aware of the injury. Some situations allow longer, such as where the claimant is under 18 or lacks mental capacity.

What to do if you’ve witnessed a traumatic accident

If you think you might be a secondary victim, our personal injury lawyers may be able to help you claim compensation. This can help towards your recovery; for example, to pay for counselling or therapy. Compensation can also help with loss of earnings if you’ve been unable to work due to a mental health condition associated with what you saw.

Call us on 0117 325 2929 or complete our online enquiry form.