How IMD Solicitors Helped a Client Recover Damages After Witnessing Her Brother’s Fatal Accident. Personal injury claims are commonly associated with physical injuries. In most cases, an injured person must demonstrate that another party’s negligence directly caused harm to their body or health. However, English law recognises limited circumstances where compensation may be awarded for psychiatric injuries suffered by individuals who were not physically harmed themselves.
One such category is known as a secondary victim claim. These claims arise when a person witnesses a traumatic event involving a close relative and subsequently develops a recognised psychiatric condition as a result.
IMD personal injury team successfully represented a client who developed Post-Traumatic Stress Disorder (PTSD) after witnessing her brother suffer fatal injuries in a road traffic accident.
The Circumstances of the Accident
Our client and her brother had finished work and were walking home together. As they approached a road and prepared to cross, a vehicle entered a roundabout at excessive speed.
The driver lost control whilst exiting the roundabout and collided with a street lamp at significant force. The impact caused the lamp post to collapse and fall directly onto our client’s brother.
The collision resulted in catastrophic head injuries to our client’s brother. Our client witnessed the incident and was profoundly affected by the events. Tragically, despite medical intervention, their sibling passed away several days later as a result of his injuries.
The sudden and traumatic nature of the incident had a profound impact on our client. Although she escaped physical injury, the psychological consequences proved severe and long-lasting.
The Psychological Impact
Following the accident and her brother’s death, our client began experiencing symptoms consistent with Post-Traumatic Stress Disorder.
She suffered recurring memories of the incident, emotional distress, anxiety, and difficulties coping with everyday activities. The psychiatric injury affected several aspects of her life, including:
- the ability to work effectively.
- the social interactions and relationships.
- the confidence and emotional wellbeing.
- the ability to travel without distress.
One of the most significant consequences was her inability to return to the location where the accident occurred. Even years later, she continued to avoid the area entirely and altered her route to work in order to prevent exposure to reminders of the incident.
Medical evidence confirmed that she was suffering from a recognised psychiatric condition directly linked to the traumatic events she had witnessed.
Understanding Secondary Victim Claims
Claims for psychiatric injury by witnesses are among the most complex areas of personal injury law.
The courts have developed strict legal criteria to limit the circumstances in which compensation can be awarded. A claimant cannot generally recover damages simply because they witnessed an upsetting event.
To succeed as a secondary victim, several legal requirements must be satisfied.
Close Relationship of Love and Affection
- The claimant must demonstrate a sufficiently close relationship with the primary victim.
- Certain relationships, including those between parents and children, spouses, and siblings, may provide strong evidence of a close bond, although supporting evidence is often required.
In this matter, our client and her brother shared a close familial relationship, satisfying this important element of the claim.
Proximity to the Accident
The claimant must have been present at the accident itself or its immediate aftermath. Our client witnessed the accident as it unfolded. She saw the vehicle collide with the street lamp and saw the lamp fall onto her brother, causing the fatal injuries. This direct observation placed her within the required zone of proximity recognised by the courts.
Direct Perception of the Event
The psychiatric injury must result from direct sensory perception rather than information received from a third party.
In this case, our client personally witnessed the traumatic event and experienced its immediate consequences. Her psychiatric injury arose from what she directly saw and experienced.
Recognised Psychiatric Illness
- Compensation is not available for ordinary grief, sadness, or emotional upset.
- The claimant must suffer from a medically recognised psychiatric condition.
- Expert medical evidence confirmed that our client had developed Post-Traumatic Stress Disorder as a direct consequence of witnessing the accident and her brother’s subsequent death.
Establishing Liability
- The evidence demonstrated that the accident occurred because the driver was travelling at excessive speed whilst negotiating the roundabout.
- The driver’s negligence caused the collision with the street lamp, which in turn caused the fatal injuries suffered by our client’s brother.
- Having established the circumstances of the collision and obtained supporting medical evidence regarding our client’s PTSD, IMD team presented detailed representations to the defendant’s insurers.
We demonstrated that the legal requirements for a secondary victim claim were satisfied and that the psychiatric injury was directly attributable to the driver’s negligence.
Although our client had experienced other personal difficulties during the relevant period, careful analysis of the medical evidence enabled us to establish that the road traffic accident remained a significant cause of her psychological injury.
The Outcome
Following negotiations, our personal injury team successfully secured compensation on behalf of our client.
Whilst the value of secondary victim claims depends upon the severity of the psychiatric injury, the duration of symptoms, medical prognosis, and the individual circumstances of the claimant, the compensation achieved provided our client with recognition of the harm she had suffered.
Most importantly, the successful outcome helped her obtain a sense of closure and allowed her to move forward following an exceptionally traumatic experience.
At IMD Solicitors, our experienced personal injury solicitors assist clients with complex psychological injury claims, road traffic accident claims, PTSD claims, fatal accident claims, and secondary victim compensation claims, ensuring that those affected by another person’s negligence receive the legal support and compensation to which they may be entitled.
This article guide is for general information only and does not constitute legal or professional advice. This article was created on 26/08/2026. Please note that the law may have changed since this article was published.
