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Nerve shock is a psychiatric illness caused intentionally or negligently by another person. Victims can recover damages, but must prove recognized mental illness and causation. Secondary victims must meet specific requirements. Defendants may pay for psychiatric treatment and damages if found guilty of intentional or negligent infliction.
Nerve shock is defined in English law as a psychiatric illness caused by another person, usually intentionally. An example of a source of this condition is a car accident, either intentionally or negligently caused, which caused the victim to suffer both physical harm and mental disturbance. In some cases, the victim can recover damages from the person who caused the nervous shock, especially when psychiatric treatment is needed after the accident. However, before the damage can be compensated, it must be proven that the victim has a recognized mental illness and that it was caused intentionally or negligently.
The first victim of nervous shock is the person who has been endangered, whether injured or not. For example, a person who is injured in a car accident caused by someone else’s negligence can often recover damages for repairs to their car, medical care for any injuries sustained, and for the mental distress caused by the nervous shock. While it is not necessary for the victim to have been physically injured, an injury generally increases the chances of receiving damages after the accident, as well as the monetary amount.
In some cases, there is a secondary victim who witnessed a tragic event, resulting in a nervous shock. However, it is typically more difficult to recover damages for this type of shock, as the witness is typically not physically injured. Additionally, the secondary victim must meet several requirements to get money for this condition, one of which includes witnessing an event that could cause any sane person to develop a mental disorder. He too must have witnessed the event or its aftermath with his own eyes, and it must have been unexpected, not gradual. Finally, the secondary victim must have been close enough to the person who was injured or killed, perhaps a spouse, child or parent.
If it is obvious that the event was intentionally caused by someone else, the defendant typically ends up paying for necessary psychiatric treatment, as well as any other damages. It is a little more difficult to prove a nerve shock when it was negligently inflicted, since the victim must use the four steps of the negligence crime. First, it must be shown that the defendant had a duty not to inflict such a condition on the victim, and that this person’s duties were blatantly violated. Furthermore, there must be a clear causal link between the event and the nerve shock, making it a direct consequence rather than a possible coincidence. If these factors can be proven, the defendant is usually required to pay for the victim’s psychiatric treatment.
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