Nervous Shock in Compensation Claims

There may be unfortunate moments in someone’s life where they become a witness to the scene of a traumatic event.  You could be entirely independent of the person injured or killed (as in a mere bystander) or a close member of the family of someone who is injured or killed.

These claims relate to psychiatric injury or mental illness triggered by witnessing the traumatic event or in some cases being told about a family member being involved in a traumatic event.

If you are a close family member, you need not even witness the event.

You may be able to seek compensation for the development of any psychiatric or mental injury that you suffer.

Often these claims might arise in the context of a motor vehicle crash as an example, but they are certainly not restricted to those particular events.  Another example are cases involving serious or fatal injuries to someone at work and the close family members who are left to pick up the pieces.

And what of first responders to the scene.  It is well-known that first responders like police officers, ambulance officers and firies often attend very traumatic motor vehicle crash scenes.

In recent years, the Queensland Courts have recognised that even emergency responders may have entitlements to pursue a CTP claim against any “at fault” driver for nervous shock.

As always, it is important to seek legal advice as soon as possible following any traumatic event particularly those resulting in serious or fatal injuries so you can take early steps to obtain rehabilitation.

If you have a psychiatric injury or mental illness triggered by witnessing the traumatic event or being told about a family member being involved in a traumatic event contact our experienced compensation lawyers.

Written by

Courtney Lockett is a solicitor admitted in the Law Court of Queensland and the High Court of Australia with years of law practice in Brisbane and Townsville. She has experience in various specialised areas of law such as property law, business and commercial law, family law, criminal law, succession law, and litigation. Click here to learn more about Courtney or follow her on Linkedin

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