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      What is a nervous shock claim?

      When someone is hurt because of another’s negligence, the impact often extends beyond the victim, affecting those around them as well.

      A nervous shock claim offers compensation if you develop a psychiatric condition after witnessing an accident. You might also be eligible if you arrived at the scene shortly after the accident or if you’re a close relative of the victim.

      The most common types of nervous shock claims are motor vehicle accident, public liability and medical malpractice cases. However, there are other situations where you might qualify for a nervous shock claim, so it’s always a good idea to consult with a lawyer about your rights.

      If you’ve witnessed an incident or your loved one has suffered due to someone else’s negligence, contact us today. With decades of experience and expert training in both psychiatry and law, our legal team is uniquely equipped to handle your nervous shock claim. Our resources include Australia’s largest network of medical experts, providing strong evidence to bolster your case. The result is hundreds of nervous shock claims successfully finalised over the last 25 years.

      Start your free online claim check

      Find out if you’re eligible for nervous shock compensation.

      Check your claim nowIt only takes 2 minutes.

      Can I make a nervous shock claim?

      Generally speaking, there are two main situations where you can make a nervous shock claim:

      You may have a nervous shock claim if you’re the close relative of someone who was killed, injured or put in peril because of someone else’s negligence.

      While the definition of ‘close relative’ can differ between states, it typically includes:

      • Parents or legal guardians.
      • Spouses or partners.
      • Children, step-children, or anyone the victim is parentally responsible for.
      • Siblings, half-siblings, and step-siblings.

      A successful claim requires proof that you developed a recognised psychiatric injury as an emotional response to what happened to your relative.

      Witnesses may have a nervous shock claim if they’re at the scene of an accident and see someone killed, injured or put in peril. In some cases, you can also claim if you arrive in the immediate aftermath of the accident.

      For a claim to succeed, you’ll need to show that you developed a recognised psychiatric illness as an emotional response to what you witnessed.

      What conditions qualify for a nervous shock claim?

      We’ve been helping witnesses and family members win nervous shock claims for over 25 years. Here are some conditions we often see in successful claims:

      • Anxiety
      • Depression
      • Adjustment Disorder
      • Post-Traumatic Stress Disorder (PTSD)

      Don’t worry if you can’t see your condition here — this is not a complete list. If you develop a psychiatric condition because of an accident, you may be entitled to compensation.

      What to do after an accident

      If it’s safe, note the time, location, and contact details of all involved in the incident. Take photos of the scene and gather statements or contact information from other witnesses for potential follow-up.

      Visit your GP for an assessment and a referral to a psychologist or psychiatrist. This is important for your health and helps document your condition with medical certificates, which are vital for your claim.

      Report the incident to the police as soon as possible, ideally within 24 hours, to ensure an official record of the event. The police may wish to take your witness statement at this time.

      If you couldn’t get statements at the scene, try to contact other witnesses. Record their statements and obtain their contact details, as these may be needed later for sworn statements.

      At this stage, we highly suggest speaking with an expert nervous shock lawyer. In a free consultation, we’ll review your entitlements and outline the best strategy to maximise your compensation. Our team can also interview witnesses and gather strong medical evidence on your behalf, enhancing the likelihood of a successful claim.

      Lily receives $900,000 for PTSD caused by negligent hospital care

      Lily’s husband, Albert, went to the hospital with calf pain and shortness of breath but was quickly discharged. When he returned the next day with similar symptoms, tests showed a major blood clot and right heart strain. Unfortunately, Albert died of a heart attack shortly after. Following her husband’s death, Lily developed severe depression and PTSD.

      Our medical negligence team used expert evidence to prove that proper hospital investigations could have prevented Albert’s death. We also showed that Lily’s condition was a direct result of the hospital’s failure. In the end, Lily’s case was settled at mediation for $900,000.

      Read Lily’s full story here

      How much compensation will I get?

      The compensation for a nervous shock claim depends on several factors, such as the type of claim you’re making, your state’s regulations, the severity of your injuries, and their impact on your life.

      Depending on your situation, your compensation may include:

      • Lost income: both past and future earnings, including superannuation.
      • Pain and suffering: compensation for the physical and emotional impact of your injury.
      • Care and support: professional care or assistance from family and friends, and compensation if you're unable to care for someone who depends on you.
      • Other related costs: medical expenses, travel costs, and any necessary modifications to your home or vehicle.

      How to make a nervous shock claim

      While each nervous shock claim is unique, your claim will likely go through the following steps. It’s important to remember that the exact claims process will depend on the type of claim you’re making and the state you’re in.

      Before starting your claim, we recommend consulting with an expert nervous shock lawyer. We can help you understand what claims you’re eligible for and evaluate your chances of success.

      During this free consultation, we’ll also determine if you’re entitled to any additional claims like income protection or Total and Permanent Disability. This ensures you receive maximum compensation for your condition.

      To support your claim, you’ll need expert evidence showing:

      • The incident was caused by negligence: you must demonstrate that the incident resulted from someone else’s negligence, such as a driver, medical professional, or property owner.
      • You developed a psychiatric condition: you’ll need to prove that you developed a recognised psychiatric condition after the incident. As part of this, you should also show how this condition affects your daily life.
      • Your relationship to the victim: if claiming as a close family member, you’re required to prove this relationship. This doesn’t apply if you’re claiming based on witnessing the incident.

      Unfortunately, nervous shock claims often demand more detailed evidence than claims for physical injuries. That’s why we work with a national network of doctors, psychologists and other medical experts.

      With their help, we’ll build a strong, evidence-based claim. We cover the upfront costs of these experts, so there are no out-of-pocket expenses, and you won’t pay anything unless we win your case.

      Once you’ve gathered sufficient evidence, we’ll assist you in lodging a claim against the driver, medical professional or other responsible party’s insurer.

      At this point, the insurer will carry out its own investigation, which may involve reviewing medical reports, incident details, and witness statements. They might also ask you to undergo a medical examination by a psychologist of their choosing. Your lawyer will advocate for you throughout the process, ensuring that you only undergo assessments that are necessary and relevant.

      You’ll need to attend a mandatory pre-court mediation with the insurer. To keep your claim stress-free and ensure the best possible outcome, your lawyer will handle all negotiations during this process.

      Thanks to our expert preparation and extensive experience with nervous shock claims, it’s likely your case will settle at mediation. However, if the insurer still refuses to pay the compensation you deserve, we can take your claim to court.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Lucy Tait
      Solicitor
      • English
      • Medical Negligence
      View full bio
      Daphne Zhuang
      Senior Paralegal
      • English, Mandarin
      • Medical Negligence
      View full bio
      Meet more of the team

      How much will my nervous shock claim cost?

      The cost of your nervous shock claim can vary depending on its complexity and how long it takes to resolve. But no matter what, you’re always protected by our genuine No Win No Fee guarantee.

      • No financial risk: we cover all costs, including expert evidence, legal fees, and administrative expenses — and you won't pay anything unless we win your claim.
      • Clear fees: we provide a straightforward breakdown of our fees right from the start.
      • Avoid court costs: we resolve most claims through mediation, saving you the time and stress of going to court.
      • Reduced legal fees: in most cases, we recover our fees from the other party, so you keep more of your compensation.
      • 90-day trial: try our services risk-free for 90 days. If you decide to cancel within this period, you won’t be charged.
      Find out more about our fees

      Frequently asked questions

      Yes, strict time limits apply to all nervous shock claims. The exact limit depends on the type of claim you’re making and the state you’re in. Below, we take you through time limits for the three most common nervous shock claims.

      If you’ve missed the deadline to file your claim, don’t worry. Our experienced nervous shock lawyers are well-versed in the time limit exceptions for each state and can apply on your behalf. Over the years, we’ve successfully helped hundreds of clients get their delayed claims approved.

      Motor vehicle accident claims

      Generally, you must notify your state insurer as soon as possible after the accident. You then have between 13 weeks and three years to initiate court proceedings, depending on the regulations in your state.

      To learn more about which time limits apply, head to our detailed guide to time limits in motor accidents.

      Public liability claims

      In some states, you must begin court proceedings within three years of developing a psychiatric condition. In others, you have three years from the date you discover your condition was caused by witnessing or learning about the accident.

      To discover the exact limits that apply in your state, visit our comprehensive guide to public liability time limits.

      Medical negligence claims

      In some states, you must begin court proceedings within three years of developing your psychiatric condition. In other states, you have three years from the date you discovered your condition was caused by witnessing or learning about the medical negligence.

      Find out the specific time limits that apply to you in our complete guide to medical negligence time limits.

      First responders, including police officers, paramedics, and firefighters, frequently encounter traumatic events as part of their jobs. This regular exposure can make claiming for nervous shock more challenging since it’s often deemed a ‘foreseeable’ aspect of the role. However, if an incident is particularly severe or unexpected, you may still be able to make a claim.

      Additionally, you might be eligible for other types of compensation, such as workers compensation, income protection, or common law damages.

      To fully understand your rights, speak to one of our experienced nervous shock lawyers today. In a free consultation, we’ll outline your potential claims and how to secure the compensation you deserve.

      As part of our complete service, we uncover any additional claims you might have, beyond your initial nervous shock claim. These include:

      Workers compensation claims

      If you witness an incident at work and develop a psychiatric condition as a result, you may be eligible for a workers compensation claim. Your compensation may include:

      • Lost earnings: up to 95% of your pre-injury income.
      • Medical expenses: including hospital stays, treatments, and rehabilitation.
      • Support services: such as counselling and other necessary support.
      • Travel expenses: costs related to travelling for medical appointments or treatments.

      If your condition is permanent, you might also qualify for an additional lump sum payment. To be eligible, you generally need to meet your state’s minimum impairment threshold.

      For example, in NSW, you must have more than 11% Whole Person Impairment (WPI) to qualify. For more details on lump sum payments, see our guide to permanent impairment compensation.

      Looking to start your claim now? Head to our easy five-step guide to make a workers compensation claim or speak to one of our expert lawyers today.

      Income protection claims

      If your psychiatric condition has left you temporarily unable to work, you may qualify for income protection payments. These payments include:

      • Monthly wage-replacement payments.
      • Up to 75% of your usual income, including superannuation.
      • Payments for a specified duration, such as 2 years, 10 years, or until you reach retirement age.

      Total and Permanent Disability (TPD)

      If your psychiatric injury permanently prevents you from returning to work, you could be eligible for a Total and Permanent Disability (TPD) claim.

      Unlike income protection or weekly workers compensation payments, a TPD benefit offers a substantial lump sum designed to support you for life. This coverage is often included in superannuation policies, so you might already have this insurance without even knowing it.

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

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      How we can help you

      For over 25 years, we’ve helped Australians make successful nervous shock claims. As part of our comprehensive service, we’ll always:

      • Clarify your rights and what you can claim.
      • Gather strong evidence of the responsible party’s negligence.
      • Use our network of experts to demonstrate your psychiatric condition and its impact on your life.
      • Negotiate with insurers on your behalf.
      • Appeal your claim if it’s denied or the settlement offer is unfair.
      • Identify additional claims like workers compensation or TPD.
      • Ensure you’re compensated for the full financial and emotional effect of your injuries.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

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