If you’ve witnessed a traumatic accident, or near-miss accident, of a loved one and have had to seek medical advice on your mental health following the accident, then we may be able to help you.

Secondary victim claim

The leading case on Secondary Victims Claims is called Alcock v Chief Constable of South Yorkshire Police.

Based on that case and subsequent cases, in order to recover damages as a secondary victim, it must be established that the secondary victim had:-

A close tie of love and affection with the primary victim.

Witnessed the event or immediate aftermath of the event.

Had a direct perception of the harm to the primary victim; and

Suffered a psychiatric injury due to witnesses the shocking event.

Motorcyclists often ride in groups with family and friends and witnessing a collision can have a lasting and traumatising impact. Cases for secondary victims are frequently contested, as all four elements of the criteria must be established.

How much is my claim worth?

As detailed above, one of the legal requirements is proving that you have you suffered a recognised psychological injury as a direct consequence of what you witnessed. Claims for psychiatric damage are categorised in the Judicial Studies Board Guidelines and take into account:

  • The injured person’s ability to cope with life and work;
  • The effect on the injured person’s relationships with family, friends and those with whom he or she comes into contact;
  • The extent to which treatment would be successful;
  • Future vulnerability;
  • Prognosis;
  • Whether medical help has been sought.

The relevant section of the guidelines which covers claims for psychiatric injuries has 4 brackets of compensation as follows:

Less severe – usually where the duration of symptoms are less than 12 months and the extent to which the symptoms have affected someone’s daily activities and sleep is low level (£1,440.00 – £5,500.00);

Moderate – usually where the symptoms have affected someone’s daily activities, life, work and relationships, but where the medical evidence shows that good progress towards a recovery will be made by the time of Trial. The extent to which treatment will assist in the recovery of symptoms together with someone’s future vulnerability to relapse, is also considered in this bracket. (£5,500.00 – £17,900.00);Psychiatric trauma

Moderately severe – usually where the symptoms amount to a disability affecting someone’s life in a permanent or long-standing way preventing a return to comparable employment. (£17,900.00 – £51,460.00);

Severe – the most extreme of cases, where the outlook for someone’s recovery is extremely poor (£51,460.00 – £108,620.00).

Although every claim is different, most cases of this nature fall within either the moderate or moderately severe categories.

The Court also takes into account similar cases that have been to a Proof in order to determine where, within the above brackets of compensation, a particular case may fall.

Why use Motorcycle Law Scotland to help with my Secondary Victim claim?

Claims for psychiatric injury is a very complex area of law and here at Motorcycle Law Scotland, we have a dedicated and specialised team available to help.

We are here to help and will carry out a free assessment with no obligation to take forward a claim.

No Win, No Fee

The Timescales

At Motorcycle Law Scotland, we will deal with your claim efficiently and effectively and in the shortest possible time without risking the success of your case or the value of your claim.

Legal Protection

No Financial Risk

Our experienced motorcycling solicitors will assess your case and will advise on the prospects of success. The advantage to you is that we will accept the risk. This means that we won’t ask you for any payment upfront. We will fund your case and, in the unlikely event you are unsuccessful, you walk away with nothing to pay.

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Is it worth 5 minutes of your time?

A quick phone call allows us to ask you a few questions about what happened to you and determine whether we can help. 

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