Psychiatric injury—primary victims

Published by a UU��ֱ�� PI & Clinical Negligence expert

Practice notes

Psychiatric injury—primary victims

Published by a UU��ֱ�� PI & Clinical Negligence expert

Practice notes

Defining the primary victim

A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric injury.

Classes of primary victim

Lord Oliver in Alcock v Chief Constable South Yorkshire provided three examples of claimants who he would classify as primary victims:

Direct involvement

The claimant was within the actual area of physical danger when the accident occurred or reasonably believed at the time that they were in danger.

Rescue

The House of Lords in White v Chief Constable of South Yorkshire Police clarified that rescuers are not a special category of primary victim. If the claimant was a rescuer who went to the aid of others involved in an accident, they will only be defined as a primary victim if they were, or reasonably believed themselves to be, in danger. If a rescuer does not meet this test, then they will be classified as a Secondary victim and will therefore need to satisfy the control mechanisms before they can recover Damages for psychiatric injury.

Unwilling participation

Lord

Jurisdiction(s):

United Kingdom

Key definition:

Secondary victim definition

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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