Don’t suffer in silence: How family members can claim as secondary victims

What is a secondary victim in Scottish Law?

In Scotland, the law recognises secondary victims in personal injury claims, not just those directly injured (primary victim).

Conditions for a secondary victim claim

For a claim as a secondary victim to succeed, the following conditions must be met:

• There must be a close tie of love and affection between the Claimant and the primary victim
• The death or injury to the primary victim must have been caused by an accident, defined as violent, external means.
• The Claimant must have been present at the accident scene or immediate aftermath
• The psychiatric injury to the secondary victim must be medically recognised.

Relatives of an injured loved one often find it difficult to speak up about their own psychological trauma at witnessing the suffering of an injured relative at the accident scene. Today, in an age of instant communication by all forms of social media, it’s become quite common for relatives to make their way to an accident, often in a state of distress. Many suffer psychological trauma by what they go through and they are entitled to claim damages if the criteria is met.

Real-Life examples of secondary victim claims

We have helped many such relatives previously and here are some examples.

A motorcyclist was seriously injured on his way home. Around his expected arrival time, his wife received a call from his mobile. It was a stranger to say her husband had been involved in an accident. Fearing the worst his wife jumped into her car to make the short trip to the accident scene calling her husband’s parents to notify them too. All three suffered psychological trauma and were compensated by the ‘at fault’ driver’s insurance company. As part of the settlement, a claim was made for psychological sessions to help the secondary victims recover from PTSD.

In another case, a husband had taken a motorcycle for a test ride. His wife heard sirens a short time later and made her way in her car round a route she knew her husband would have been on. She just had a terrible sense of foreboding. She came upon an accident, recognised the motorcycle as the one her husband had been riding and persuaded the police to let her through. Her husband was very seriously injured and because of what she witnessed, his wife suffered psychological trauma. She received compensation to include the cost of treatment that is not readily available on the NHS.

Support available for families experiencing trauma

We have tragically acted for family members who have witnessed a loved one’s passing at the scene of an accident and it’s difficult to even comprehend what they go through. What is important is that the legal system in Scotland will compensate secondary victims and, as part of that process, third party insurance companies will pay for private treatment to help with recovery.

Why it’s important to speak up

It’s often difficult to talk about your own trauma when a loved one has been killed or injured, but it is important you do as we are here to listen and help guide you through the unknown.