People who suffer psychiatric injuries after witnessing distressing events are subjected to a “harsh and outdated” system of redress, say the Association of Personal Injury Lawyers (APIL), which has called for a review of the law in England and Wales.
“The physiological impact for witnesses of distressing events can wreak havoc on their lives, sometimes permanently,” explained Matthew Stockwell, president of APIL, which has asked the Law Commission to examine the law on psychiatric injury for witnesses, or ‘secondary victims’.
“The law is currently very rigid and denies some victims the ability to bring a case for compensation to help put their lives back on track,” Matthew went on. “Psychiatric injury doesn’t follow any rules on who will suffer or how, it just doesn’t work that way. The law surrounding it should be more flexible to reflect that.”
The law was set out in the case following the 1989 Hillsborough disaster, which ruled that the victims’ family members, who suffered psychiatric injuries after witnessing the tragedy unfold on television or watching it unfold from another area of the stadium, could not pursue compensation. Claimants had to have been present at the scene and witnessed the event directly.
“In the 20-plus years since the law on psychiatric injuries of secondary witnesses was established, technology and the way we interact with each other has experienced a revolution. The law has remained far too strict,” said Matthew. “We can talk to our families on the other side of the world as if they are in the same room, through tools such as Skype and Facetime. Witnessing a tragedy happen to a loved one through a webcam or while on a video call, for example, is very possible.
“Psychiatric injuries can be just as serious as the physical ones and this must be remembered in a proper review and overhaul of the system, to help victims get the help they need,” he added.
For legal advice on these issues or any other legal problems you may have, please complete our online enquiry form or call us on 0141 221 1919.
