Secondary victim claim: Ms X v Mr X

What has happened so far? This case involves a secondary victim claim following a fatal road traffic accident, where the claimant suffered psychiatric injury after witnessing the immediate aftermath. Temple has provided ATE insurance to support the claimant as the case proceeds.

The claim arises from a tragic road traffic accident in March 2020. A pedestrian, a close family member of the claimant, was crossing at a road junction when he was struck by the Defendant’s vehicle. At the time of the collision, the Defendant was travelling at 49 mph in a 30 mph zone and was under the influence of drugs and alcohol.

The family member sustained a traumatic brain injury and other serious injuries. He was taken to Queen Elizabeth Hospital in Birmingham but sadly died shortly after arrival.

The claimant was taken to the hospital where she witnessed her family member in a non-responsive state. She suffered immediate psychological trauma as a result, giving rise to her claim as a secondary victim under personal injury law.

Temple was asked and agreed to provide ATE insurance to Ms X, covering the risk of adverse costs and disbursements in the event that her claim is unsuccessful.

Matter value: £25,000