Splatt Lawyers’ experienced nervous shock compensation claim lawyers assist when the unexpected happens and you experience emotional trauma. Hopefully, you are never involved in or witnessed a traumatic accident like an:
But if you are, you could claim compensation for a nervous shock reaction when you see or learn about a horrific incident and have a psychological response. When this happens to you, our experienced personal injury lawyers provide informed legal advice.
Splatt Lawyers will help you access all your legal entitlements on a 100% No Win, No Fee Basis. You owe us nothing until we win your case, nothing if you lose, and it’s free to get started. Call Now – 1800 860 777 or email us >
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Some experiences in life are so disturbing they can cause you mental harm. Nervous shock happens when you see someone injured, killed, or endangered and suffer psychological damage.
A nervous shock claim is when someone witnesses a traumatic event such as a car crash, falls down stairs, slips over, or suffers another type of injury. These types of claims are often known as ‘accident trauma’ claims because they involve a person being traumatised by something that happened unexpectedly. Nervous shock can occur when you:
For example, you see an injured person on the road when you arrive at a car accident after it has occurred.
Under Queensland law, you can make a personal injury claim for nervous shock even if you weren’t present when the event happened. You can suffer psychological damage by simply hearing about the accident, especially when someone close to you is harmed.
Our expert lawyers can guide you through the legal process to a better tomorrow.
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Splatt Lawyers have been helping people in Queensland impacted by emotional trauma understand their legal options for nearly three decades. We are pleased to provide 100% No Win, No Fee funding for all our mental health compensation legal matters. When you work with Splatt Lawyers, you do not need to outlay any money for your case.
We carry 100% of your financial risk, which means you pay when you win and nothing if you lose. Plus, there are no upfront or ongoing costs. It’s our No Win, No Fee, No Risk guarantee.
Time Limits for Accident Trauma ClaimsFor all Queensland personal injury claims, stringent time limits apply. Claiming compensation for mental health conditions from nervous shock can take longer to settle. Your best choice is to seek medical treatment and expert legal advice promptly. To be successful, this type of claim relies on professional specialist evidence. It is always best to begin collating medical evidence and lawful reports as soon as possible following the triggering incident.
Claiming compensation for nervous shock is a type of personal injury claim. To be successful, another person or party has to be negligent in their duty of care. When someone else does not take reasonable care, and you suffer harm, they can be held legally liable for your physical or psychological damage. In this situation, a case is lodged against the defendant’s insurance company. Essentially, you are making an insurance claim.
The legal profession uses the term nervous shock when referencing the mental health impacts incurred by seeing or hearing about something traumatic. Unlike physical injury claims, psychiatric illness is not visible damage but a psychological reaction from seeing something disturbing. Because of this, it is more challenging to have a successful claim. You will need a lawyer with substantial experience in psychological injury claims.
Splatt Lawyers have been helping people understand their legal options when mentally harmed by trauma for nearly three decades. Our legal team knows how to help you access the resources you need for your recovery. It’s free to be sure of your rights – Know yours by calling 1800 700 125.
If you have experienced a distressing incident at work due to someone’s negligence and are mentally damaged, you could have a common law claim. In some cases, you might also receive payments from WorkCover. Your employer will not be liable if the incident is not work-related. People who do not have an employment relationship, hear about a work accident or witness the scene later do not have a claim under workers’ compensation. They could, however, have a common law claim. For example:
1) You work on a construction site, and a co-worker falls from a height and is injured.
2) You work in a shop robbed at gunpoint.
3) You or a colleague has a car accident while driving for work purposes.
4) You work in an office, and someone breaks a limb falling down the stairs
If you see the accident happen or the scene afterwards, you would be mentally harmed as a result and have a case under Queensland workers’ compensation scheme. However, a family member who sees the accident scene or learns about it later could not claim under WorkCover because they are not an employee.
Some people are exposed to traumatic incidents as part of their job by the nature of their profession. First responders like the police, paramedics and firefighters. If it is reasonably foreseeable that you would experience mentally disturbing accidents in your occupation, then claiming nervous shock will be more challenging. In this circumstance, Queensland workers’ compensation legislation may provide coverage.
Understanding your legal rights in these circumstances is complex. Our personal injury lawyers have considerable expertise in psychological injury cases. For more than 28 years, we have been helping everyday Queenslanders achieve justice. Find out now how we might help you by calling 1800 700 125.
You could suffer a psychological impact if you are involved in a road or car accident. Either as an incident participant, witness to the event (or the aftermath) or learning about the accident afterwards. Whether a passenger, a pedestrian, a driver or a bystander, you could be mentally damaged by a road accident or car crash.
To have a successful road accident nervous shock case, you must establish who failed their duty of care. (i.e. who was negligent) The Queensland Police Service typically provide this information, assuming someone has reported the incident to the police.
All Queensland Road users owe a duty of care to keep each other safe. When something goes wrong, and someone is physically or psychologically harmed, you could claim against the insurer of the negligent party. In most cases, this is the default CTP insurer of the road user who was at fault.
Sometimes a nervous shock reaction is so severe you develop post-traumatic stress disorder. PTSD is a type of recognised mental health condition caused by the trauma of a horrific event. Generally, people with PTSD experience severe emotional distress, including flashbacks, depression, and nightmares.
When you acquire a long-term mental illness like PTSD due to circumstances outside your control, you may be able to claim compensation for your loss. Generally, having a successful PTSD claim is challenging because your injury is not visible and relies on expert psychological assessments.
Fortunately, Splatt Lawyers have more than 28 years of experience in successful psychiatric illness claims. Contact our nervous shock compensation lawyers now to understand your legal rights – Call 1800 700 125.
The Civil Liability Act QLD 2003 is Queensland legislation that applies to acts of negligence when seeking compensation. There are two primary sections,
1) laws that concern civil liability for harm
2) evaluation of personal injury damages.
QLD Civil Liability legislation does not mention psychological harm as the basis for a personal injury case. In Queensland, this type of legal matter falls under common law. Essentially you are suing the defendant for damages based on negligence. To have a successful nervous shock claim, you must have medical proof demonstrating an established psychiatric illness. A normal grief reaction like intense sadness is not considered a claimable mental health condition.
You must prove that the defendant breached their duty of care and that their negligence caused you psychological damage.
Previous common law cases set a precedent for what needs to be shown for an accident trauma case to succeed. First, you must establish liability (the negligent act) and link the breach of duty to your mental damage. However, you must also show.
The person telling you about the accident is usually not legally liable unless they intend to cause you harm. The incident needs to be of a severity that seeing or hearing about it would cause a “normal” person to acquire a recognised psychiatric condition.
A duty of care must be owed to the harmed person. This would extend to family members, close friends, step-parents, and legal guardians.
Incidents that trigger mental illness can be a single event or a series of recurring events. Psychologically traumatic incidents are defined as events that have the power to encroach on your everyday life and threaten your mental well-being. Mental health conditions are not always instant. Sometimes they take time to develop, and their impacts can escalate, especially when left untreated. Some common symptoms include:
If you are experiencing any of these symptoms and believe you have been mentally impacted you should seek medical help. An active compensation claim usually covers your medical and psychiatric treatment costs. Ask about Splatt Lawyers’ rehabilitation funding policy when you contact our experienced legal team.
When you have a debilitating mental illness caused by nervous shock, your priority should be your recovery, not dealing with complex legal issues. This is where Splatt Lawyers’ nervous shock compensation legal team assist, with substantial expertise in psychiatric personal injury claims. Let us do the heavy lifting.
Our friendly compensation solicitors will explain complicated legal terms in plain English so you can make an informed decision about your future. We aim to help you get your life back on track without hassle or fuss. Contact us now for your free legal claim review. Get fast legal advice by calling 1800 700 125.
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When you require legal expertise with Nervous Shock Compensation claims, it's pleasing to know Splatt Lawyers are close to you. With eight convenient locations across Southeast Queensland, it is easy for you to access the legal help you need. Choose your office:
For a nervous shock, damages claim family members include people directly related to the victim of the shocking event. People considered close connections consist of spouses, parents, siblings, grandparents, children, grandchildren, brothers, sisters, half-blood relatives and step-relatives.
If you have witnessed a road accident or the scene after the shocking event, you could make a nervous shock claim depending on your circumstances. Your case would be lodged against the insurer of the person or party at fault, the person whose negligence caused the incident.
If you have a successful claim for damages, you could receive a payout that includes the following:
How much you get will rely on the seriousness of your mental harm and the time it takes for you to recover.
You cannot claim compensation for a normal grief reaction. To succeed, you must have an established mental illness diagnosed by a health professional. The person supporting your psychiatric treatment will usually provide your medical evidence.
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