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Nervous Shock

$125,000 Nervous Shock Award for Accident Witness

The claimant witnessed his wife get hit by a motorcycle as they jaywalked across Yates Street in Victoria. Although not hit himself, the claimant suffered a severe emotional reaction. He therefore claimed compensation for the mental injury. Nervous Shock : Legal Elements “Psychiatric injury” is the favoured term over “nervous shock” (see 1999 decision of…

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Rescuer's Claim Dismissed as Rescue Must be Motivated by Peril

  when negligent driving puts another person in peril, rescuers are given special treatment and are allowed to claim damages for injuries resulting from the rescue. However, the claimant in this personal injury appeal case was not able to prove that there was a true peril and therefore was not considered a rescuer ( Ray v.…

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Rescuer’s Claim Dismissed as Rescue Must be Motivated by Peril

  when negligent driving puts another person in peril, rescuers are given special treatment and are allowed to claim damages for injuries resulting from the rescue. However, the claimant in this personal injury appeal case was not able to prove that there was a true peril and therefore was not considered a rescuer ( Ray v.…

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