Secondary victim Definition

GLOSSARY

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What does Secondary victim mean?

is one who suffers psychiatric injury not by being directly involved in the incident but by witnessing it and either seeing injury being sustained by a primary victim or fearing injury to a primary victim.

View the related practice notes about Secondary victim

Psychiatric injury—secondary victims

Psychiatric injury—secondary victims The development of the law The case of Alcock v Chief Constable of South Yorkshire Police has long been the lead authority for claims made by secondary victims. The law developed after Alcock, often with inconsistent judgments. The Supreme Court in Paul v Royal Wolverhampton NHS Trust has now brought about a number of changes to the law and much-needed clarity for practitioners. It is important to understand the position both prior to and post the case of Paul as there has been refinement and clarification of the principles, although not every aspect has been changed. This Practice Note is therefore split into pre-Paul and post-Paul sections. The changes made by Paul are explicitly highlighted in the Practice Note. For further analysis of the case, see News Analysis: Landmark Supreme Court decision on secondary victims (Paul v Royal Wolverhampton NHS Trust). It is crucial to understand that secondary victim claims constitute an exception to the general rule that at common law...

Clinical negligence claims involving labour and delivery—injuries to the mother

Clinical negligence claims involving labour and delivery—injuries to the mother This Practice Note begins with a reminder of the importance of Montgomery, followed by an examination of the practical considerations when managing these types of claims. It also provides an overview of common maternal injuries suffered during childbirth. See: Clinical negligence liability—overview for general information regarding breach of duty and causation and Clinical negligence damages—overview for further guidance on damages in clinical negligence claims. Informed consent—Montgomery An increasingly significant aspect of maternity claims is what information was provided regarding choices about labour and delivery. This was explored in the Supreme Court case of Montgomery and is an evolving area of law and clinical practice. Ensure you are up to date with related case law and any changes in the national and local guidelines regarding what mothers should be told. This includes, but is not limited to, decisions regarding a vaginal birth after a caesarean section (CS). In CNZ the High Court established that...

Discover our 18 Practice Notes on Secondary victim

Where there is a fatal incident and the injured person A dies, is it possible for a potential secondary victim to put their damages into a personal injury trust if they are not the primary claimant, following A’s death?

Where there is a fatal incident and the injured person A dies, is it possible for a potential secondary victim to put their damages into a personal injury trust if they are not the primary claimant, following A’s death? A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric injury. See Practice Note: Psychiatric injury—primary victims. A secondary victim is one who suffers psychiatric injury not by being directly involved in the incident but by witnessing it and either: • seeing injury being sustained by a primary victim, or • fearing injury to a primary victim See Practice Note: Psychiatric injury—secondary victims. We are not aware of any legal prohibition on a secondary victim who has succeeded in their claim for damages, settling those damages on a personal injury trust. A personal injury trust

Do you have any case law relating to secondary victim claims whereby the psychological injury was suffered as a result of the loss of children?

Do you have any case law relating to secondary victim claims whereby the psychological injury was suffered as a result of the loss of children? Secondary victims A secondary victim is one who suffers psychiatric injury not by being directly involved in the incident but by witnessing it and either: • seeing injury being sustained by a primary victim, or • fearing injury to a primary victim For further guidance, see Practice Note: Psychiatric injury—secondary victims. Case law McLoughlin v O'Brian In this case the claimant’s husband and three children were involved in a road accident caused by the negligence of the defendants. One of the claimant’s children was killed and its husband and other two children were severely injured. At the time of the accident the claimant was at home two miles away. The claimant claimed damages against the defendants for the nervous shock, distress and injury to its health caused by the defendants' negligence. The House of Lords held that the test of liability...

See the 2 Q&As about Secondary victim

PI & Clinical Negligence weekly highlights—22 February 2024

This week's edition of PI & Clinical Negligence weekly highlights includes a Court of Appeal decision on the defence of illegality in tortious claims, a High Court decision involving a road traffic accident ruling on liability and new research findings on mesothelioma treatment. In addition, we have our usual round-up of other news.

Dispute Resolution weekly highlights—15 February 2024

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the government response to the consultation on increasing UKSC fees and the Supreme Court decision in Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6 (contractual liability recoverable in tort); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

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