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 witness 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 1800 860 777 or email us
Some experiences in life are so disturbing that they can cause you psychiatric harm. Nervous shock refers to the psychological harm that results from learning about or seeing the serious injury or death of the primary victim, who is someone close to you, like a family member or loved one.
The legal definition of nervous shock includes conditions like PTSD, anxiety, or severe depression.
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 develop a recognisable psychiatric injury from:
For example, you see an injured person on the road when you arrive at a serious car accident that 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.
An experienced personal injury lawyer provides legal advice about the claims process and your rights.
Nervous shock is recognised as a compensable injury in Queensland. To qualify, the condition must be of significant severity and for a sustained period.
You may be eligible to make a claim if you have suffered nervous shock from learning about or witnessing a traumatic event involving someone with whom you have a close relationship (like a serious car accident). As a result, you could receive fair compensation without being directly involved in a fatal accident or one that involves severe injuries.
However, being upset or distressed (a normal grief reaction) does not form the basis of a claim for nervous shock. The traumatic incident must have caused a diagnosed psychological injury that has been assessed by a qualified medical professional.
How much compensation for nervous shock is a common question for people who have suffered such an injury. There can be a significant difference in the value of common law damages based on the unique circumstances of the case. In Queensland, compensation calculations can consider both past and future losses that include economic and non-economic damages, including:
Our personal injury lawyers can explain how ‘heads of damages’ apply to your situation during a free case review.
Splatt Lawyers helps Queenslanders impacted by emotional trauma understand their legal options.
We provide 100% No Win, No Fee funding for all our mental health compensation legal matters, which means you don’t need to outlay any money for your case.
We carry 100% of your financial risk.
Pay legal fees when you win and nothing if you lose. Plus, there are no upfront, ongoing or hidden costs. It’s our No-Win, No-Fee, No-Risk guarantee.
Claiming compensation for nervous shock is a type of personal injury claim (also called a common law claim) that seeks to recover compensation for the defendant’s negligence.
Note: The psychological injury must be a foreseeable result of the other party’s actions and not simply a normal emotional reaction like grief or distress.
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.
The legal profession uses the term “nervous shock” to refer to a diagnosable psychiatric illness incurred by seeing or hearing about something traumatic. Unlike physical injury claims, psychiatric illness is not visible damage but a psychological reaction to seeing something disturbing. As a result, it becomes more challenging to achieve a successful outcome. But a skilled personal injury lawyer with substantial experience in psychological injury claims would know how it works.
Splatt Lawyers provides a free case review that can explain your rights when you suffer significant psychological trauma. Call 1800 700 125
Strict time limits apply to all Queensland personal injury claims, generally three years from the date of the traumatic event. Furthermore, claiming compensation for mental health conditions from nervous shock can take longer to settle due to the case’s complexity.
After seeking medical treatment, you have the right to seek legal advice regarding the limitation periods for your case.
You should also gather evidence, including witness statements and medical records, following the triggering incident.
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 statutory benefits 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:
If you see the accident happen or the scene afterwards, you would be mentally harmed as a result and have a case under the 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 employees.
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.
You could suffer a psychological impact if you are involved in a road or transport vehicle accident, either as:
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.
Occassionally, a nervous shock reaction is so severe that you develop post-traumatic stress disorder. PTSD is a recognised psychiatric injury 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.
The Civil Liability Act QLD 2003 is Queensland legislation that applies to acts of negligence when seeking compensation. There are two primary sections,
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.
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 person who has been harmed. 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. A compensation claim usually provides financial support for medical and psychiatric treatment costs.
When you have a debilitating mental illness caused by nervous shock, the priority should be your recovery. During this period, personal injury lawyers can help you understand your rights and negotiate with insurance companies on your behalf.
Queensland compensation solicitors can explain complicated legal terms in plain English so you can make an informed decision about your future.
Splatt Lawyers offers a complimentary case review to explain your legal position and options. All our legal services come with a 100% no-win, no-fee, no-risk guarantee. Pay for a win and zero if you lose. Call 1800 700 125
Splatt Lawyers provides legal advice for nervous shock compensation claims from ten QLD-wide locations.
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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