The mental health impacts of being a secondary victim, particularly in cases involving medical negligence, can be far-reaching and potentially last for many years. If you suffer psychiatric injury because you witnessed a loved one go through a traumatic medical event, it can impact your life in all sorts of ways:

• Psychiatric disorders: some secondary victims may develop serious psychiatric disorders, such as PTSD, anxiety or depression. These conditions can significantly impact daily life, affecting everything from relationships to work, and may need long-term therapy or medication.
• Emotional distress: the distress of seeing a loved one in pain or suffering from a preventable medical error can be overwhelming. This distress can create constant worry, sleep disturbances, or a pervasive sense of sadness or despair.
• Strain on relationships: the emotional toll of being a secondary victim can strain relationships with other family members and friends. The intense focus on the affected loved one might lead to feelings of isolation or neglect among other family members, while friends may find it difficult to relate to the secondary victim's experience.
• Impact on daily living: being a secondary victim can affect everyday activities and decision-making. This might lead to difficulties in focusing on work, enjoying hobbies, or engaging in social activities. The fear of something else going wrong could also become a pervasive thought, hampering your ability to live life fully.
• Long-term effects: depending on the severity of the trauma, many secondary victims experience mental health impacts that last for years. You may find it difficult to overcome the emotional scars left by the shocking event and need support and treatment.

If you or someone you know is struggling with the mental health effects of being a secondary victim, it's vital to seek medical advice as soon as you can. Support groups, counselling and therapy can provide the tools to understand and cope with these complex emotions. Making a secondary victim claim can also be a good way of obtaining the practical and financial support you need to aid your recovery.

Proving a secondary victim claim requires you to submit substantial, solid evidence. This might include the following:

• Medical evidence: comprehensive medical records and evaluations that confirm that you've suffered psychiatric injury, and provide full details on the specific conditions. Any psychiatric injury will also need to be directly attributable to the traumatic incident you witnessed.
• Therapy or counselling records: if you've sought therapy or counselling since the incident, securing notes or records from these sessions can further support your claim.
• Witness statements: statements from yourself and/or witnesses who can confirm your presence and your reaction at the time of the incident will help to establish a direct connection between the negligence and your mental health issues.
• Details of the negligence: records, reports or testimonies that detail the exact nature of the medical negligence will not only help to establish the primary claim but can also support a claim for the trauma you have experienced.
• Proof of relationship: documents or statements that provide evidence of your close relationship with the primary victim will be needed. This is particularly important if you aren't a member of the immediate family.
• Timeline of events: you may need to create a detailed timeline that shows when the negligence happened, when you witnessed it or its immediate aftermath, and how your symptoms developed over time.
• Personal journals or diaries: if you've kept personal notes, journals or diaries detailing your emotions, mental state and the challenges faced since the incident, these can serve as useful evidence of what you've been going through.

Remember, while the burden of proof lies with you, a qualified solicitor can guide you in gathering the right evidence, structuring your claim, and making your case as strong as possible.

Generally, you have three years from the date of the traumatic event, or the date when you first became aware of your psychiatric illness, to initiate a claim. This is known as the limitation period, and it's vital to act within this timeframe to make sure you don't miss any deadlines.

However, there are exceptions to this rule:

• Children: if the person who suffered the negligence is under 18 at the time, the three-year period doesn’t start until their 18th birthday. This means they have until they turn 21 to start legal proceedings.
• Mental capacity: if the person who suffered the negligence lacks mental capacity, which prevents them from managing their own affairs, there will not be any time limit within which to start proceedings.
• Fatal cases: if you’re claiming on behalf of a deceased family member who passed away due to witnessing the traumatic event , the claim must be made within three years of the date of death, or the date of knowledge of the person representing the deceased’s estate that negligent treatment caused their death.

Understanding the time constraints and how to navigate them can be difficult, especially when dealing with the emotional toll of a traumatic event. Speak to Switalskis as soon as possible, and we can help make sure that you're aware of all the relevant time limits, and explain any necessary steps to protect your position ahead of any relevant deadlines.

Pursuing a secondary victim claim shouldn’t be a financial burden. At Switalskis, we understand that the process of seeking compensation can be stressful, especially when considering the potential legal costs involved. As such, we offer various funding options tailored to your individual circumstances.

• No win, no fee agreement: also known as a ‘conditional fee agreement’ (CFA), this is the most common way to fund a secondary victim claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, a percentage of your compensation will be used to cover our fees and this amount is capped. This option allows you to pursue your claim without any financial risk, and we’ll discuss all of the potential costs with you upfront to avoid any surprises.
• Legal expenses insurance: you may have legal expenses cover as part of your home or car insurance policy, which can be used to fund your claim. We’ll assist you in understanding your policy and liaise with your insurer if you have such cover. If you don’t already have legal expenses cover, we will take out an insurance policy on your behalf to cover you for out-of-pocket expenses experienced during the investigation. 
• Legal aid: in very rare cases, Legal Aid may be available for clinical negligence claims, although it’s usually reserved for specific situations. Our team can discuss eligibility with you.

We'll take the time to explore all available options with you and find the best solution to fit your needs.