Can you receive compensation for damages involving an incident in which you weren’t directly involved?
Those who have sustained a psychiatric injury such as nervous shock following an incident (often as a witness to a fatal accident) may be entitled to compensation for the damages or losses in Brisbane or Queensland.
What is Nervous Shock?
In Queensland and other states across Australia, ‘Nervous Shock’ is a legal term to define the diagnosed psychiatric injury acquired through the fault of another person.
What is a Nervous Shock Claim?
Nervous shock claims then arise when the person suffered the psychiatric injury as a result of the fault of another person. requires compensation for their pain and suffering, loss of income, medical or rehabilitation costs or future expenditures.
An example of a situation in which a nervous shock injury could be brought is attending the scene of an accident and witnessing a loved one die or suffer serious injuries.
Nervous shock claims can also arise in other contexts such as through workplace incidents, medical procedures or accident in public spaces.
These claims are often hard fought by insurers and it is always advisable to seek legal advice before beginning any claims progress – to ensure your needs are met, and appropriate compensation is received.
What must be proven in the claims process?
In a simplified view, you must prove in your nervous shock claim that (1) a duty of care was owed, and (2) that the duty of care was breached and (3) that breach has caused your development of nervous shock.
How much will I be entitled to?
The amount of compensation you could receive is dependant on your injury severity and the duration of your injury.
If your particular psychiatric illness has caused permanent damages- leaving you unable to work or correctly maintain your lifestyle, you may be eligible to receive a lump-sum payment.
The Best Course of Action
If you have suffered from nervous shock following a serious incident and wish to claim damages, the best course of action is to obtain legal support as soon as you are able.
There are time constraints involved in bringing a claim, so it is best to act as soon as you can.
Personal Injury Lawyers, Brisbane, Roma and Toowoomba
If you are seeking professional legal support from a team incorporating Accredited Personal Injury Specialists, please follow the link below.
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