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.
Contact us today by calling 0800 1380 458, or contact us through the website. Together, we'll provide the support and expertise you need to investigate a successful secondary victim claim.
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:
Contact Switalskis for a free, no-obligation initial consultation. During this meeting, we’ll listen to your story and your concerns and explain whether we think you have a strong case. If we decide to proceed, we can then discuss the next steps and the available funding options.
We’ll gather all the relevant information and evidence you need to build your case. This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We will take detailed witness statements to tell your version of events. We may arrange for you to be assessed by an independent medical expert to provide an unbiased view of your injuries and future prognosis and establish whether the negligence was responsible for your injury and consider the potential value of the claim.
Once we have supportive evidence, we’ll send a letter of claim to the doctor and/or hospital (the defendant) involved. This will outline details of the claim and put forward the allegations relating to the negligent treatment.
The defendant will then have four months to investigate the allegations made against them and respond, in writing, to the letter of claim. This is known as a letter of response. The letter will include whether the defendant accepts they are at fault. If they do, this is called an admission of liability. If they do not accept fault, they will state this in the letter and this is called a denial of liability. We will advise you of the next steps at this stage.
If the defendant admits liability, negotiations on settlement and compensation can start. Our clinical negligence solicitors will negotiate on your behalf, using our expertise and experience to secure compensation for you. At this stage, we will discuss how much compensation you may receive and any risks in the case. Compensation is calculated to cover the pain and suffering caused, as well as any financial losses or expenses you’ve experienced as a result of the negligence.
Most claims will be settled through negotiation, without needing to go to court. In the rare instance where a case does go to trial, you can trust us to advise and represent you throughout 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.
Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.
We understand that making a secondary victim claim following a traumatic experience might feel overwhelming and draining. These claims can be very complicated, and you may be dealing with emotional challenges alongside legal ones. At Switalskis, we'll guide you through these unfamiliar and demanding times in the following ways:
Secondary victim claims might seem daunting, but with us, they don't have to be. We’re committed to translating all of the legal terminology into clear and understandable language, and we'll be there to answer all your questions, simplify the process, and make sure you're fully informed every step of the way.
We invest the time to understand your unique circumstances, and provide advice that caters to your emotional needs, as well as your legal requirements. You're more than just a client to us - you're a person facing an incredibly tough time, and we're right here by your side to offer our support.
Dealing with secondary victim claims needs specialised knowledge and care. Our team includes experienced professionals who are recognised as specialists in the field, and we have a history of successfully handling secondary victim claims like yours.
Our passion for justice extends beyond the courtroom. We're not only driven to secure the compensation you deserve, but are also committed to holding those responsible to account. In doing so, we can help make sure the right lessons are learned from your experience, and that others can be safeguarded in the future.
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.