Secondary victim Definition

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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.

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Claims against the police

Claims against the police Introduction The police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought against it under the Human Rights Act 1998 (HRA 1998) and of misfeasance in public office. For further guidance, see Practice Notes: Personal injury claims under the Human Rights Act 1998 and Misfeasance in public office. That said, by far the most common claims against the police are those brought in negligence. This Practice Note discusses: • negligence claims by members of the public • negligence claims by members of the police force • negligence claims involving self-harm • claims under HRA 1998 Vicarious liability and the correct defendant Technically, police officers are not employees but office-holders. However, under section 88 of the Police Act 1996 (PA 1996), the Chief Constable of the relevant police force (or the Commissioner of Police for the Metropolis in London) will be vicariously liable for ‘any unlawful conduct of constables under his direction and control in the performance or purported...

PI & Clinical Negligence horizon scanner—February 2021 [Archived]

PI & Clinical Negligence horizon scanner—February 2021 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 9 February 2021. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Coronavirus (COVID-19) To stay ahead of the fast-moving changes in the courts’ processes and procedures necessitated by the pandemic and for industry guidance on how to manage cases during the pandemic including medical examinations, service and limitation, see Practice Note: Coronavirus (COVID-19) implications for PI and clinical negligence [Archived]. For details on recent developments in this area for PI and clinical negligence claims, see: • Elizabeth Boulden and Cressida Mawdesley-Thomas, barristers at 12 KBW, discuss the Vaccine Damages Payments Act 1979, its impact on the coronavirus (COVID-19) vaccine and whether it is fit for purpose. See News Analysis: The Vaccine Damages Payments Act 1979 and the...

Discover our 12 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...

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PI & Clinical Negligence weekly highlights—13 March 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes an analysis of a Court of Appeal decision which awarded damages to a claimant in a psychiatric injury secondary victim claim in relation to the 1982 Hyde Park bombing. We also consider an interesting High Court decision which looked at the illegality defence and the liability of an insurer of a stolen motorbike and a High Court judgment on the jurisdiction of the English court in a claim brought by football fans who were injured at the 2022 UEFA Champions League final in Paris. In addition, we have our usual roundup of other news, cases and New Law Journal articles of interest.

PI & Clinical Negligence weekly highlights—30 January 2025

This week's edition of PI & Clinical Negligence weekly highlights includes a news analysis of how advances in neurotechnology may impact the personal injury and clinical negligence industry, a case in which QOCS protection was reinstated by the Court of Appeal in a ‘mixed’ claim and a case analysis where the Court of Appeal again considered whether the police held a duty of care to protect the public from third party harm, following on from the Supreme Court decision in Tindall. We also bring you details of the updated guidance published by HMCTS for the Damages Claims pilot scheme under CPR PD 51ZB. In addition, we have our usual roundup of other news, cases and New Law Journal articles of interest.

Read the latest 13 News articles on Secondary victim