Q&A - Can I claim compensation for PTSD after seeing best friend killed by a lorry?

Q:    Two years ago, I witnessed my best friend dying after a lorry ploughed into her car whilst she was legally parked waiting for me. She was trapped in the wreckage for nearly two hours whilst I cradled her head and talked to her. She was screaming and kept asking me to help her until medics arrived and sedated her. Her screams and the picture of her terrible injuries have tortured me ever since. I am on anti-depressants and have had to give up work. A nurse friend thinks I have PTSD and that I should claim against the lorry insurance for compensation. Would I have a valid claim?

A:    You may well have a valid claim. It is not only front-line military staff who suffer from Post Traumatic Stress Disorder, it is widely acknowledged it can also be caused by other traumatic events, including witnessing an accident. PTSD symptoms include involuntary intrusive thoughts; images, dreams or recollections of the traumatic event; physiological hyperarousal such as concentration problems, irritability and disturbed sleep; avoidance of activities, thoughts and emotions that evoke memories of the traumatic event; apathy or emotional numbness.

To bring a claim you would need to provide expert evidence of the range of symptoms you have experienced and provide a view on how that fits on the recognized psychiatric diagnosis scales. As you were not directly involved in the accident you would need to establish a direct connection with the incident in place or time, and a connection with the physically injured person - which you clearly can.

Claims can include lost earnings, private counselling, medication costs and damages for the mental injury. For accident victims claims must be made within three years of the incident happening, or for witnesses such as yourself, within three years after discovering your injury was linked to the accident. You should get advice from a local personal injury lawyer as soon as possible.

Article 21/06/2021

This question has been answered by Claire Parfitt, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  In accordance with government guidelines, most of our lawyers are currently working remotely which means you may not now receive a response as promptly as you may expect. Please kindly bear with us and we will respond as soon as we are able.

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Claire Parfitt

Claire Parfitt

Solicitor

Solicitor within our Civil Litigation team in Wrexham and Oswestry

Catherine Field

Catherine Field

Solicitor

Solicitor within our Personal Injury and Civil Litigation team in Wrexham.