Claims for 'Emotional Shock' Suffered by Primary and Secondary Victims

Abstract

A typical instance where a person could suffer “emotional shock” would be as a result of a motor-vehicle accident. The person suffering the “emotional shock” could either have been directly involved in the accident (primary victim), or a witness to the accident or heard of the consequences of the accident afterwards (secondary victim). The causing of actionable “emotional shock” is treated in practice as a specific form of delict which may result in patrimonial loss or non-patrimonial loss. Patrimonial loss is claimable with the Aquilian action. For non-patrimonial loss suffered due to the infringement of the personality right to physical-mental integrity, so-called general damages may be claimed with the action for pain and suffering or the actio iniuriarum.