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What Is A Bystander Claim?
If you have witnessed a loved one being severely hurt or killed due to someone
else’s negligence, you may be able to recover money damages for the shock, pain, and
mental anguish that you endured because of the experience. It’s called a bystander
In the state of Texas, a bystander can recover damages for mental anguish
suffered as a result of witnessing a victim’s accident under the following circumstances:
(1) The negligent person causing the accident inflicted serious or fatal injuries on
(2) The bystander was near the scene of the accident at the time of the event;
(3) The bystander suffered shock as a result of witnessing the accident; and
(4) The bystander and the victim are closely related, such as a parent, sibling,
grandparent, child or spouse of the victim.
In addition, persons making a bystander claim are not required to show that their
mental anguish is tied to a physical injury or a “physical manifestation” of the distress
(i.e., headaches or insomnia).
If you think you may have a bystander claim, it is important to consult a personal
injury attorney as soon as possible to discuss what rights you may have and how to
preserve those rights. We encourage you to reach out to Rachel L. Wright, personal injury attorney with Harris Cook, LLP, today.
With offices in Arlington, Mansfield, and Flower Mound, Harris Cook LLP and Rachel L. Wright assist personal injury victims throughout Tarrant, Dallas, Denton, Johnson, Ellis, and Parker Counties.