You don’t need to be physically hurt for an accident to affect you. Witnessing something traumatic, especially when it involves someone close to you, can leave emotional scars that don’t simply fade with time.
In this guide to secondary victim claims in the UK, we’ll explain everything clearly. The rules can be strict, and every case depends on its details, but you’re not alone — and there’s no rush to make any decisions today.
What is a secondary victim claim in the UK?
A secondary victim claim is a type of personal injury claim for psychological harm caused by witnessing a traumatic incident that seriously injured or killed someone else.
This might involve seeing a serious road traffic accident, a workplace incident, or another sudden event affecting someone close to you. These claims usually relate to a recognised psychiatric injury, such as post-traumatic stress disorder (PTSD), rather than normal feelings of shock, grief or distress on their own.
Primary vs secondary victim
- Primary victim — You were directly involved in the incident. For example, you were in the accident yourself or placed in immediate danger.
- Secondary victim — You weren’t physically injured, but witnessing what happened (or being present at the scene) caused you a recognised psychiatric injury.
A relevant example of the difference between these victims is the Alcock v Chief Constable of South Yorkshire Police case (1992). This was a standout case from the Hillsborough stadium incident and involved the difference between a medic at the scene (Primary) and someone who saw it play out on TV (Secondary).
Who can make a secondary victim claim?
Secondary victim claims are looked at carefully, and no single factor decides things on its own. Courts usually consider a combination of details. One way to think about it is as a simple checklist:
1. Your relationship to the injured person
You may hear this described as a “close tie of love and affection”. In plain terms, this means a close personal relationship with someone you genuinely care about. Some relationships are assumed to be close, while others may need evidence. If you’re unsure where you fit, it’s still worth seeking clear advice.
2. How close you were in time and space
This looks at whether you were at the scene, nearby, or arrived very shortly afterwards ( sometimes referred to as the “immediate aftermath”). For example, seeing the scene moments later can be viewed differently from finding out hours later. There aren’t always strict cut-offs, so the full circumstances matter.
3. How you experienced it
The law usually focuses on whether you experienced the event directly through your own senses. That means what you saw, heard, or encountered directly. Watching footage later or reading about it on social media/news is generally treated differently.
What counts as a psychiatric injury?
PTSD claims are one of the most common reasons people explore secondary victim claims. The key point is that the law usually requires a recognised psychiatric injury. This means a condition that can be diagnosed by a qualified medical professional.
People often describe symptoms such as disturbed sleep, intrusive memories, panic, or avoiding reminders of what happened. Medical evidence is important and may include GP records and, in many cases, an independent medical or psychiatric assessment arranged as part of the claims process.
Evidence that can help if you’re considering a claim
If you’re thinking about a claim, evidence often builds over time, so don’t worry if you don’t have everything right now. Helpful evidence can include:
- GP records/referrals — Your first point of medical contact.
- Counselling/therapy notes — If you’ve accessed support.
- A symptom diary/timeline — What changed and when.
- Proof of relationship — Where relevant.
- Witness details / incident references — If known.
- An independent medical assessment — Often arranged during the claim process.
Common “what if” scenarios
Below are some of the most common examples of “what if” scenarios on the subject:
| Scenario | Result |
| “I didn’t see the accident, only the aftermath. Does that count?” | It might, depending on how close you were in time and what you experienced directly. |
| “It involved a stranger. Can I still claim?” | These claims are usually harder without a close relationship, but it depends on the full circumstances. |
| “The person died later. Does that affect eligibility?” | It can. This is where recent case law matters, so it’s worth seeking advice. |
| “Can a child make a secondary victim claim?” | Potentially, yes. But the rules are technical and evidence is important. |
| “If it was a crime, are there other options?” | Possibly. CICA is the Criminal Injuries Compensation Authority, a government scheme for victims of violent crime. |
Get in touch
If you’re struggling after witnessing an accident, you deserve clarity about your options. The law has specific rules for secondary victim claims, but you don’t have to figure it out alone.
Speak to a medical professional if you’re not coping, and consider legal advice if you think you may qualify. We can help on a no win, no fee basis with no upfront fees. Terms apply.
Ready to talk? Get in touch with us today to begin.
Secondary victim claim FAQs
What is a secondary victim claim?
A secondary victim claim UK is a claim for a recognised psychiatric injury caused by witnessing harm to someone else.
Can you claim PTSD after witnessing an accident in the UK?
Sometimes. You usually need medical evidence of PTSD or another recognised psychiatric injury, and the legal requirements around proximity and relationship must also be met.
Do you have to be related to the injured person?
Not always, but a close relationship is often important. If the tie isn’t obvious, you might need evidence showing a close bond and involvement.
What does “immediate aftermath” mean?
It generally refers to what you experienced very soon after the incident rather than learning about it later on.