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Personal Injury Claims - Psychiatric Injuries
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Bringing a Psychiatric Injury Claim
You cannot claim for psychiatric illness/injury for mere mental
suffering unless you have also suffered a physical injury and/or
it leads to a positive psychiatric illness such as clinical
depression or post-traumatic stress disorder (PTSD). The
circumstances in which an accident can lead to psychiatric illness
for which the perpetrator of the accident can be held liable are
either that the accident put you in fear for your own safety, the
incident was especially horrific, or you witnessed a relative
being either killed or injured or you feared that they might be
(although it later transpired that they were not). In the latter
case, for the perpetrator to be held liable, the following 3
criteria must apply:-
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You
must have had a sufficiently close relationship with the relative
which makes it reasonably foreseeable that you would suffer
psychiatric illness/injury. Such a relationship is presumed for a
parent and child, spouses, and fiancées. For other relationships
(e.g. siblings), you must provide evidence which proves that the
relationship was sufficiently close. A bystander would only be
able to make a claim for psychiatric illness/injury if the
incident was especially horrific.
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You
must have been in physical proximity to the incident or its
immediate aftermath in both time and space. You must normally
either witness the accident yourself or come upon the aftermath in
a very short period of time. Identifying a relation several hours
after death is not sufficient. Television pictures cannot be
equated with actual sight or hearing of the incident or its
aftermath, although there may be rare exceptions (e.g. a balloon
carrying children at some live broadcast event suddenly bursting
into flames).
-
Your
psychiatric illness/injury must result from the trauma occasioned
by the shock at witnessing (through your own sight or hearing) the
accident or its immediate aftermath. Communication by a third
party is not sufficient.
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The Accident
Solicitors, the brand, is part of Antrobus
Solicitors, a firm regulated by the Solicitors
Regulation Authority. Details of the
professional rules which regulate solicitors can
be found at the following website address:
http://www.rules.sra.org.uk |
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