Successful Secondary Victim Claim Following Traumatic Road Traffic Accident

Oliver & Co successfully represented our client in a sensitive and complex claim involving psychological injuries suffered after witnessing the immediate aftermath of a serious road traffic accident involving a close family member.

Unlike many personal injury claims, this case did not involve any physical injuries. Instead, the claim centred on the significant emotional and psychological impact the incident had on our client, highlighting the often-overlooked effect traumatic events can have on those who witness them.

Understanding a Secondary Victim Claim

In personal injury law, a “secondary victim” claim can arise where someone suffers a recognised psychological injury after witnessing a traumatic event involving a loved one.

These cases are often legally complex and require careful consideration of specific legal tests, including the relationship between the parties, the proximity to the incident, and whether the psychological injury was caused by witnessing the immediate aftermath of the event.

Our specialist team has experience handling these highly sensitive claims and guiding clients through the legal process with care and understanding.

Litigation Friend Needed

At the time of the accident, our client was under the age of 18 and therefore required the assistance of an adult litigation friend to help conduct the claim on their behalf.

A litigation friend is a person who helps make decisions and deal with the legal process on behalf of someone who is unable to manage a claim themselves. This is most commonly needed where the injured person is under the age of 18 or lacks the mental capacity to conduct legal proceedings independently.

In cases involving children, a litigation friend is usually a parent, guardian, or another trusted adult family member. Their role is to act in the child’s best interests throughout the claim by giving instructions to solicitors, reviewing important documents, and helping make decisions about the case.

The litigation friend is not personally bringing the claim for themselves and does not usually become financially responsible for the case. Instead, they act as a representative to ensure the injured person is properly supported and protected during the legal process.

The Impact on Our Client

Following the incident, our client experienced significant psychological symptoms linked to the trauma of what they had witnessed. Although they did not initially seek support from their GP, they later accessed counselling services through their school after returning to education.

As part of the claim, we obtained independent medical evidence which confirmed that the accident had caused symptoms including anxiety, post-traumatic stress symptoms, and low mood. Importantly, the medical expert found no unrelated factors which could otherwise explain these difficulties and noted that our client’s condition improved with appropriate therapeutic support.

A Sensitive and Complex Case

Claims involving psychological injury alone can be particularly challenging, especially where there is no accompanying physical injury. Establishing causation – the legal link between the traumatic event and the psychological harm suffered – often requires detailed medical evidence and careful legal analysis.

Our team worked closely with medical experts to build strong evidence in support of the claim, ensuring our client’s experiences and ongoing difficulties were fully understood and properly presented.

This case reflects our expertise in handling complex personal injury claims involving psychological trauma, particularly those involving secondary victims and vulnerable clients.