Pychiatric Injury

Question 1

I

Answer 1

The c may be able to claim for psychiatric injury as she suffered psychological damage as opposed to physical or property damage.

Question 2

D

Answer 2

There are two stages to prove

Question 3

E

Answer 3

Firstly the claimant must be suffering from a recognized psychiatric injury as opposed to ordinary human emotions (Reilly v merseyside health authority)

Question 4

E

Answer 4

The claimant must also show that this illness was caused by a traumatic event or an assault on the senses (sion v Hempstead health authority)

Question 5

A

Answer 5

Apply to scenario
Was the c suffering from a recognised psychiatric injury
Also what caused this

Question 6

E

Answer 6

Secondly it must be determined if the claimant is a primary victim or secondary victim . A primary victim is a person who reasonably fears for their own physical safety or is within the zone of danger . Page v smith

Question 7

E

Answer 7

A secondary victim is an unwilling witness to the traumatic incident in question but is not personally in danger

Question 8

A

Answer 8

Apply which one it applies to

Question 9

E

Answer 9

Secondary victims must fall under the criteria established in Alcock v chief constabke of South Yorkshire for a claim for psychiatric injury is allowed

Question 10

1) Love

Answer 10

Firstly you must have close ties of love and affection with the primary victim which covers close family relationships as well as close friendships

Question 11

Apply

Answer 11

Was there a relationship

Question 12

2) Witness

Answer 12

Secondly you must witness the accident or it’s immediate aftermath with your own unaided senses in Mcloughlin v o’brian it was held that immediate aftermath can mean seeing the primary victim in their immediate post accident state and not cleaned up

Question 13

Apply

Answer 13

Apply is they witnessed it

Question 14

3)

Answer 14

Thirdly the claimant must have directly perceived the accident or its immediate aftermath

Question 15

Apply

Answer 15

Apply to the scenario

Question 16

4)

Answer 16

Finally there must be a connection between witnessing the event or the injury suffered

Question 17

Apply

Answer 17

Apply

Question 18

Conclusion