UKI suffered psychiatric injury from witnessing an accident. Can I claim?
Yes, you may be able to claim for psychiatric injury as a secondary victim if you meet strict legal criteria — including close ties to the primary victim and proximity to the event in time and space.
What the Law Says
The law in England and Wales distinguishes between primary victims (those directly involved in the accident) and secondary victims (those who suffer psychiatric injury from witnessing it). Secondary victims face stricter legal tests to succeed in a claim.
To claim as a secondary victim, you must satisfy the 'Alcock criteria' established by case law — though not codified in statute, these principles are applied consistently by courts. These include: (1) a close tie of love and affection with the primary victim; (2) proximity to the accident or its immediate aftermath in both time and space; (3) perception of the event or its immediate consequences through your own unaided senses (e.g., seeing or hearing it happen); and (4) that the psychiatric injury was a reasonably foreseeable result of the defendant’s negligence.
The Limitation Act 1980 governs how long you have to bring a claim. For personal injury claims — including psychiatric injury — the general limitation period is three years from the date the cause of action accrued, or from the claimant's 'date of knowledge' if later.
Statutory TextIn this Act, 'personal injuries' includes any disease and any impairment of a person's physical or mental condition.
— Limitation Act 1980, s. 11 — Interpretation
What to Do
Seek medical diagnosis and treatment for your psychiatric injury as soon as possible.
Gather evidence showing your relationship to the primary victim and your presence at or near the scene.
Record details of how and when you witnessed the event — including sensory perception (what you saw/heard).
Contact a specialist personal injury solicitor before the 3-year deadline expires.
If your 'date of knowledge' (when you linked symptoms to the event) was later than the accident, confirm whether the extended time limit applies.
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.