Nervous Shock Compensation Claims
We are expert compensation lawyers with offices across Queensland including Brisbane, Gold Coast, Sunshine Coast and major regional centres. Free initial advice and 100% risk-free claims with no upfront costs and our No Win, No Fee, No Catch® promise for nervous shock compensation claims.
If you or a loved one has suffered with nervous shock in Queensland due to someone else's fault or negligence, you may be entitled to claim compensation.
We understand that dealing with the legal process can seem overwhelming while you're trying to recover from psychological trauma. Compensation can help ease the financial burden and fund the psychological treatment and support you need during this difficult time.
Smith's Lawyers offers free initial advice with no-obligation appointments available at your home, in hospital, at our office, or over the phone. We operate on a 100% risk-free basis under our No Win, No Fee, No Catch® promise, meaning you pay nothing upfront and face no financial risk. Our team serves clients across Queensland, helping them navigate the complex legal landscape of nervous shock claims.
Fill in the form below to find out if you have a claim.
Understanding Your Rights After Nervous Shock
Nervous shock, also known as psychiatric injury, affects thousands of Queenslanders each year. These psychological injuries can be just as debilitating as physical injuries. Plus, the lifetime cost of treatment for severe PTSD or depression can potentially reach hundreds of thousands of dollars. Costs associated include ongoing therapy, medication, and potential lost earnings.
Under Queensland law, you have the right to seek compensation if you've suffered a recognised psychiatric injury as a result of witnessing or learning about a traumatic event involving a loved one. In certain circumstances, you may also be eligible if you were a bystander to a horrific incident.
As always, your legal rights depend on the circumstances of your case and fall under different compensation schemes:
Road and Car Accidents: Queensland's Compulsory Third Party (CTP) insurance scheme covers nervous shock claims for family members of accident victims and, in some cases, emergency responders who witness traumatic scenes. Recent expansions have recognised that even police and paramedics attending accident scenes may have valid claims.
Workplace Accidents: WorkCover Queensland provides statutory benefits for work-related psychological injuries, while common law claims may be available if negligence was involved, potentially providing significantly higher compensation.
Public Place Accidents: Public liability claims can be made against property owners, event organisers, or other responsible parties when negligence contributes to a traumatic incident.
Each case is unique, and the success of your claim depends on specific legal tests and evidence requirements. Seeking specialist legal advice early is crucial to understanding your rights and preserving your claim.
What is Nervous Shock?
Nervous shock is a legal term for psychological or psychiatric injury that occurs as a result of witnessing, experiencing, or learning about a traumatic event. Unlike everyday stress or upset, nervous shock must involve a medically recognised psychiatric condition such as:
- Post-Traumatic Stress Disorder (PTSD)
- Major depressive disorder
- Anxiety disorders
- Acute stress reactions
- Adjustment disorders with significant impairment
The injury must go beyond normal grief, distress, or shock that any reasonable person would experience. It requires a diagnosable psychiatric condition that significantly impacts your ability to function in daily life, work, or maintain relationships.
Nervous shock can manifest through various symptoms including:
- Persistent nightmares and flashbacks
- Severe anxiety or panic attacks
- Inability to concentrate or work
- Social withdrawal and isolation
- Physical symptoms like headaches, sleep disturbances, and digestive issues
- Avoidance of places or situations that trigger memories
The severity can range from mild adjustment disorders that resolve with treatment to severe, chronic conditions that permanently affect your capacity to work and enjoy life.
Common Causes of Nervous Shock
Nervous shock claims in Queensland typically arise from several types of traumatic incidents:
Car and Road Traffic Accidents
- Fatal or serious injury car crashes involving family members
- Witnessing high-speed collisions or multi-vehicle accidents
- Motorcycle accidents with severe injuries
- Pedestrian strikes, particularly involving children
- Heavy vehicle accidents with catastrophic outcomes
Workplace Incidents
- Industrial accidents resulting in death or serious injury
- Falls from height witnessed by colleagues
- Machinery accidents causing severe trauma
- Workplace violence or fatalities
- Chemical burns, spills or explosions
Public Place Accidents
- Shopping centre accidents involving serious injury
- Sporting event incidents and crowd crushes
- Amusement park or recreational facility accidents
- Building collapses or structural failures
- Public transport accidents
Medical Incidents
- Hospital negligence resulting in patient death
- Surgical complications witnessed by family
- Medical emergencies in public spaces
- Ambulance or emergency response incidents
Criminal Acts
- Violent crimes witnessed by family members
- Armed robberies or assaults
- Home invasions affecting multiple family members
- Public acts of violence
Workers Most at Risk
Certain professions and industries carry higher risks of nervous shock due to regular exposure to traumatic incidents. These include:
Emergency Services
- Police officers attending fatal accidents or violent crimes
- Paramedics and ambulance officers responding to traumatic scenes
- Firefighters dealing with fatal house fires or rescue operations
- State Emergency Service volunteers in disaster response
Healthcare Workers
- Emergency department staff treating severe trauma cases
- Intensive care nurses dealing with patient deaths
- Mental health workers exposed to patient suicides
- Aged care workers witnessing sudden deaths
High-Risk Industries
- Mining workers witnessing industrial accidents
- Construction workers seeing colleagues injured in falls
- Transport workers involved in fatal incidents
- Security personnel exposed to workplace violence
Research consistently shows that Australian emergency service workers experience substantially higher rates of PTSD than the general population. A landmark national survey involving 21,014 emergency services personnel found that 10% of employees had probable PTSD, with rates varying by service type: 6% in state emergency services, 8% in ambulance services, 9% in fire and rescue, and 11% in police. More recent studies indicate even higher rates, with some research showing that 1 in 7 first responders (14.3%) have probable PTSD from routine duties.
These rates are dramatically higher than the general Australian population, where PTSD affects approximately 5.6% of people in any 12-month period and 4.4% annually according to national health surveys. This means emergency responders are experiencing PTSD at rates that are two to three times higher than the general population. Queensland's compensation schemes now recognise that these workers deserve protection when traumatic exposure occurs during their duties.
Risk Factors and Prevention
- Repeated exposure to traumatic incidents increases risk
- Lack of adequate debriefing and psychological support
- High-stress work environments with limited resources
- Previous trauma history making workers more vulnerable
Nervous Shock Claim Process - Key Steps
If you are making a claim for nervous shock, consider taking the following steps:
1. Seek legal advice
The first step is contacting a specialist compensation law firm with expertise in nervous shock claims and Queensland law complexities. The legal tests for these claims are intricate, and early legal guidance can make the difference between success and failure.
2. Engage a personal injury lawyer
During your no-obligation consultation, we'll explain the entire process, gather key information about the traumatic incident and your psychiatric injury, assess the strength of your case, and identify the liable party. We'll explain our client agreement clearly. Smith's Lawyers runs all nervous shock claims completely risk-free under our No Win, No Fee, No Catch® promise.
3. Gather evidence to build your case
Your allocated lawyer will systematically gather evidence including medical reports from psychiatrists or psychologists, incident reports and witness statements, CCTV footage or photographs of the scene, documentation of your relationship to the victim (if applicable), and records of lost earnings and treatment expenses. Later in the process, we may arrange independent medical assessments to evaluate your current condition, treatment needs, and long-term prognosis.
4. File your personal injury claim
Your solicitor will lodge the appropriate notice of claim and begin negotiations with the liable parties and their insurance companies (such as CTP insurers, WorkCover Queensland, or public liability insurers). The specific process varies depending on whether your claim falls under statutory schemes or common law.
5. Negotiate with the at-fault party's insurer
Negotiations aim to achieve a fair settlement covering all your medical expenses, lost wages, pain and suffering, and future treatment needs. Most nervous shock cases are resolved through compulsory conferences or mediation. If court proceedings become necessary, Smith's No Win, No Fee, No Catch® promise protects you from the other side's legal costs even if your case is unsuccessful.
6. Settlement payment
Successful nervous shock claims receive a lump-sum, tax-free compensation payment. The amount depends on the severity of your psychiatric injury, the impact on your earning capacity, ongoing medical expenses, and the degree of pain and suffering experienced. Legal fees are only charged if we achieve a successful outcome for you.
Seek expert advice as soon as possible: Each nervous shock case is unique with specific legal and medical complexities. Smith's Lawyers are experts in psychiatric injury claims, offering Queensland-wide service with free initial advice to help you understand your rights.
Evidence You'll Need
Building a strong nervous shock claim requires comprehensive evidence across several categories:
Medical Documentation
- Formal psychiatric or psychological diagnosis from a qualified specialist
- Treatment records showing the progression of your condition
- GP records documenting initial symptoms and referrals
- Hospital records if you required emergency psychiatric care
- Prescription records for psychiatric medications
- Reports from counsellors, psychologists, or psychiatrists
Incident Documentation
- Police reports detailing the traumatic event
- Workplace incident reports (for work-related claims)
- Witness statements from others who saw the incident
- CCTV footage or dashcam recordings
- Photographs of the accident scene
- Coronial reports (in cases involving death)
Relationship Evidence
- Birth certificates proving parent-child relationships
- Marriage certificates for spousal claims
- De facto relationship evidence for domestic partners
- Evidence of close emotional bonds with the victim
Financial Records
- Pay slips showing earnings before the incident
- Tax returns demonstrating income loss
- Medical bills and treatment receipts
- Evidence of reduced work capacity or job loss
- Superannuation statements (for TPD claims)
Evidence of Injury Impacts
- Statements from family and friends about personality changes
- Employment records showing work performance decline
- Evidence of activities you can no longer participate in
- Documentation of relationship breakdown or family impact
The strength of your medical evidence is particularly crucial, as nervous shock claims require proof of a recognised psychiatric condition that goes beyond normal distress.
How is Nervous Shock Compensation Calculated?
Nervous shock compensation in Queensland is calculated based on several key factors that reflect the full impact of your psychiatric injury:
Factors Affecting Compensation
- Severity and duration of the psychiatric condition
- Impact on your ability to work and earn income
- Need for ongoing psychological treatment and medication
- Effect on your relationships and quality of life
- Age and pre-injury earning capacity
- Pre-existing psychological conditions (may reduce compensation)
Types of Damages Available
Economic Losses
- Past and future loss of earnings
- Medical expenses and treatment costs
- Rehabilitation and therapy costs
- Home care and support services
- Career retraining if you cannot return to your previous work
Non-Economic Losses
- Pain and suffering compensation
- Loss of enjoyment of life
- Impact on relationships and family life
- Reduced life expectancy (in severe cases)
Compensation Ranges
While each case is unique, Queensland nervous shock settlements typically range from:
- Minor psychiatric injuries with good recovery prospects: $20,000 - $80,000
- Moderate conditions requiring ongoing treatment: $80,000 - $250,000
- Severe, permanent psychiatric disabilities: $250,000 - $600,000+
- Cases involving complete work incapacity: $500,000 - $1,000,000+
Scheme Differences CTP claims may have statutory benefit caps but allow common law damages for pain and suffering. WorkCover provides weekly payments plus potential common law claims. TPD claims through superannuation can provide substantial lump sums but require proof of permanent incapacity.
Time Limits for Nervous Shock Claims
For Queensland claims:
WorkCover Claims: You must lodge your initial claim within 6 months of the psychiatric injury becoming apparent. For common law proceedings against employers, you have 3 years from when you knew or should have known about the injury and its connection to workplace negligence.
CTP (Motor accidents): You must submit a Notice of Accident Claim (NOAC) form within 9 months of the accident, or within 1 month of consulting a lawyer (whichever is later). Court proceedings must commence within 3 years of the accident date.
Public liability claims: The standard limitation period is 3 years from the date of the traumatic incident or from when you first became aware that your psychiatric injury was connected to someone else's negligence.
Special circumstances apply for people under 18 years old, with time limits typically not starting until they reach adulthood.
Important considerations:
- Time limits for nervous shock can be complex because the injury may not manifest immediately after the traumatic event
- Some psychiatric conditions develop gradually, making the "date of injury" difficult to determine
- Early legal advice is crucial to avoid missing critical deadlines
Smith's Lawyers offers free case reviews to help you understand your legal rights and ensure all deadlines are met. We operate on our No Win, No Fee, No Catch® basis.
Frequently Asked Questions
Can I claim compensation if I wasn't directly involved in the accident but witnessed it?
Yes, bystanders can claim compensation for nervous shock in Queensland if they witnessed a traumatic incident and developed a recognised psychiatric condition as a result. However, the legal tests are strict - you must have been at the scene and witnessed the event directly, not just heard about it later.
What if I'm an emergency worker who regularly sees traumatic scenes - can I still claim?
Absolutely. Queensland now recognises that emergency responders including police, paramedics, and firefighters can develop nervous shock from work-related trauma exposure. You may have claims under WorkCover and potentially CTP schemes depending on the circumstances.
How long does it take to receive compensation for a nervous shock claim?
The timeframe varies significantly depending on the complexity of your case and the compensation scheme involved. Simple cases may settle within 12-18 months, while complex matters requiring court proceedings can take 2-4 years. Early legal intervention often speeds up the process.
Will making a claim affect my employment or insurance?
Making a legitimate nervous shock claim should not affect your employment rights. In fact, if your claim is work-related, you're protected from discrimination. Your claim details are confidential and won't affect your ability to obtain personal insurance in the future.
Yes, delayed onset of psychiatric conditions is common and recognised by Queensland courts. Nervous shock symptoms can emerge weeks or months after the initial trauma. The key is establishing the medical connection between the traumatic event and your current condition.
This depends on the specific circumstances. If the suicide was contributed to by someone else's negligence (such as medical malpractice, workplace bullying, or a motor vehicle accident), you may have a claim. Each case requires careful legal assessment.
For family member claims, you typically need to be a spouse, child, parent, or domestic partner. The law recognises that these relationships create the closest emotional bonds. More distant relatives rarely succeed unless there are exceptional circumstances of dependency or close emotional connection.
Having a pre-existing mental health condition doesn't automatically prevent you from claiming, but it may affect your compensation amount. The key legal test is whether the traumatic event significantly worsened your condition or caused new symptoms beyond your baseline mental health.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options to Nervous Shock Compensation claims so you are clear on your rights during this difficult time.
Fill in the form below to find out if you have a claim.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.