2) Psychiatric Injury

Question 1

What is psychiatric damage

Answer 1

(negligence) - but to the mind rather than the body

Question 2

What is needed for proving psychiatric injury in court

Answer 2

Medical evidence

Question 3

What must you do before claiming for psychiatric injury

Answer 3

Whether the victim is a primary of secondary victim

Question 4

What is a primary victim

Answer 4

A person who either suffers from a physical injury as a result of another negligence
- or where is is reasonably forceable that they may suffer physical damage and as a result suffered psychiatric injury

Question 5

What is a secondary victim

Answer 5

• A person who suffers psychological injury due to someones negligence but was not exposed to danger

Question 6

What is the official name for the leading case of psychiatric injury

Answer 6

Alcock v CC of South Yorkshire
10 claimants - nervous shock

Question 7

What do the case of Alcock say on what you need to have ignorer to be a secondary victim

Answer 7

Physical proximity
(therefore, watching on TV, hearing on radio, 3rd part etc its unlikely to claim)

Question 8

What about in the case of where the victim has died, what must the claimant hold

Answer 8

• Sufficient proximate relationship to the victim
• Close tie of love + affection, which is presumed in some situations and needs to proved in others

Question 9

What also needs to be proved, which is dependent on sufficient proximate relationship

Answer 9

• Needs to be reasonably forceable that the claimant would of suffered psychological damage

Question 10

What does the law say on unconnected bystanders + Lord

Answer 10

HoL hinted that even with no sufficient proximate relationship, may be classed as secondary victim in exceptional circumstances
- Lord Keith “could no perhaps be entirely excluded”