Nobody should have to endure the trauma of witnessing a loved one's injury or death, but when it does happen the effects can be lasting and deeply personal. If you've been traumatised because of medical negligence suffered by someone close to you, you may be able to make a secondary victim claim.
As a secondary victim, you may find yourself dealing with psychiatric illnesses like serious depression or (PTSD). The legal complexities surrounding secondary victim claims can feel overwhelming, especially when you're already dealing with emotional turmoil. That's where Switalskis comes in.
Our approach to secondary victim claims isn't just about the legal process; it's about understanding your situation and supporting you through the whole process. Our aim will always be to secure the compensation you need to access the help you need to recover and move on with your life.
If you're facing the after-effects of witnessing a medical negligence incident affecting a loved one, don't hesitate to reach out to Switalskis.
At Switalskis, we've dealt with many secondary victim cases, and we understand how distressing it can be for people in these situations. We are fully aware that it's a deeply personal matter that requires empathy and understanding.
Here's how we strive to support you in a secondary victim claim:
We have years of experience and have built a strong reputation for excellence in this field. Our team includes legal experts accredited by the Law Society and AvMA (Action Against Medical Accidents) , which highlights their industry-leading expertise.
We're committed to being a supportive presence throughout your legal journey. Contact us today and let us be your ally, guide and advocate in navigating the challenges of a secondary victim claim.
A secondary victim claim is a legal option open to those who've suffered damage as a result of witnessing, or being closely connected to, an incident where a loved one was harmed or put in danger. This can be a highly stressful and potentially even traumatic experience, and can result in the person in question being left with a recognised psychiatric injury.
When it comes to medical negligence, a secondary victim might be someone who witnessed a medical error, mismanagement or failure in care that caused serious harm to someone close to them. For example, if a parent witnesses their child suffering due to a medical mistake, or a spouse witnesses harm to their partner due to a healthcare provider's negligence, they could be considered secondary victims.
The impact on secondary victims can be significant and long-lasting. Being exposed to the sudden and unexpected shock of witnessing such a horrific event can lead to chronic mental health problems and psychiatric injuries. These conditions might need therapy, counselling or other forms of treatment.
Secondary victim claims are complicated, and there are strict medical and legal criteria that must be met to establish that someone can be considered a secondary victim. As such, it's always best to speak to a specialist medical negligence solicitor to learn more about the best approach to investigating a claim.
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:
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.
Even by the normal standards of investigating a claim, establishing a secondary victim claim can be particularly complex. This is because there are very specific legal criteria that need to be met.
Here's a breakdown of what needs to be established to a pursue secondary victim claim linked to medical negligence cases:
Because these criteria are so specific, it's essential to get in touch with a specialist solicitor with experience in medical negligence case law to make sure that all the criteria has been considered.
Proving a secondary victim claim requires you to submit substantial, solid evidence. This might include the following:
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.
Anyone who suffers psychiatric injury after witnessing a traumatic event might feel overwhelmed when making a legal claim. With Switalskis by your side, we aim to reduce that burden with straightforward legal advice and support.
Here's a breakdown of the process:
At every stage, Switalskis will keep you updated, answer your questions, and make sure that the whole process is well-managed and you’re well-informed.
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:
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.
Determining the value of a secondary victim claim can be a complex process, as it relies on various factors specific to your unique situation. These include:
By speaking to the team at Switalskis, we'll be able to assess the specific details of your case and provide further information on how compensation is calculated.
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.
We'll take the time to explore all available options with you and find the best solution to fit your needs.
Predicting the exact length of a secondary victim claim can be difficult because every claim is unique, and various factors can influence the outcome. On average, secondary victim claims might take anywhere from a year to several years to resolve, depending on the specifics of the case.
This will all depend on the complexity of the evidence required, and whether there are any disputes or challenges from the defendant's side. Additionally, if a claim goes to court, the court's schedule and the availability of all parties involved can add to the time it takes.
At Switalskis, we make it our priority to move your claim forward efficiently, but without compromising on the thoroughness and quality of our investigation. Our dedicated team will keep you updated as we strive to achieve a satisfactory resolution as quickly as possible.
If you or a loved one have been psychologically impacted as a secondary victim, particularly in a case of medical negligence, it's essential to seek professional support and consider pursuing justice. Switalskis is here to guide you through this process and obtain the outcome you deserve.
Contact Switalskis today by calling 0800 138 0458 , or get in touch with us through the website to discuss your concerns in confidence with a legal specialist who is experienced in secondary victim compensation claims.