Skip to content
  • Show content for:
NSW
  • info@withstandlawyers.com.au
  • 1800 952 898
  • Types of claim
    • TPD / Superannuation Claims
    • Motor Accidents
    • Workers Compensation
    • Medical Negligence
    • Public Liability
    • TPD Lawyers – Total and Permanent Disability
    • TPD Claim for Depression and Mental Illness
    • TPD Claim Guide
    • Superannuation Lawyers

    TPD Superannuation Claims.

    Unable to work due to injury or illness? You may be entitled to a lump sum payout regardless of the cause of the injury or illness. Withstand Lawyers can help you claim on a No Win No Fee basis.

    Read more

    • Motor Vehicle Accident Lawyers
    • Car Accident Lawyers
    • Truck Accident Injury
    • Forklift Accident Injury
    • Motorcycle Accident Injury
    • Cyclist Accident Injury
    • Pedestrian Accident Injury
    • Public Transportation Accident

    Motor Accident Injuries.

    If you have been injured in a motor accident (such as car, motorcycle, truck), you may be entitled to claim compensation. Withstand Lawyers can help you claim on a No Win No Fee basis.

    Read more

    • Workers Compensation Lawyers
    • Work Injury Damages Claim
    • Claims for Stress
    • Psychological Injury
    • Construction Accident Injury
    • Industrial Deafness

    Workers Compensation.

    If you have been injured during or on the way to or from work, you may be entitled to workers compensation for your injuries regardless of fault. Withstand Lawyers can help you claim on a No Win No Fee basis.

    Read more

    • Medical Negligence Lawyers
    • Cosmetic Surgery Compensation Claims

    Medical Negligence.

    If you have suffered injury as a result of medical advice or treatment, you may be entitled to making a compensation claim for medical negligence. Withstand Lawyers can help you claim on a No Win No Fee basis.

    Read more

    • Public Liability Lawyers

    Public Liability.

    If you have become injured in a public place you may be entitled to making a compensation claim for your injuries. Withstand Lawyers can help you claim on a No Win No Fee basis.

    Read more

  • About Us
    • Our Team
  • Testimonials
  • Contact Us
    • Sydney
    • Parramatta
  • Blog
  • How We Are Different
    • Our No Win No Fee Agreement
    • Personal Injury Claim Lawyers Guide
    • When Should I Settle My Personal Injury Claim?
    • Do I Have a Personal Injury Case?
    • Best Compensation Lawyers
  • Show content for:
NSW
  • info@withstandlawyers.com.au
  • 1800 952 898
Menu
  • Types of claim
    • TPD / Superannuation Claims
      • TPD Lawyers – Total and Permanent Disability
      • TPD Claims for Depression and Mental Illness
    • Motor Vehicle Accident
      • Motor Vehicle Accident Claims
      • Car Accident Claims
      • Motorcycle Accident Claims
      • Pedesrian Accident Claims
      • ICWA Claims
    • Workers Compensation
    • Medical Negligence
    • Public Liability
  • About Us
    • Our Team
  • Testimonials
  • Contact Us
  • Blog
  • How We Are Different
    • Our No Win No Fee Agreement
    • Top 4 Tips on How to Win a Personal Injury Claim
    • When Should I Settle My Personal Injury Claim?
    • Do I Have a Personal Injury Case?
Menu
  • Types of claim
    • TPD / Superannuation Claims
      • TPD Lawyers – Total and Permanent Disability
      • TPD Claim for Depression and Mental Illness
      • TPD Claim Guide
      • Superannuation Lawyers
    • Motor Accidents
      • Motor Vehicle Accident Lawyers
      • Car Accident Lawyers
      • Truck Accident Injury
      • Forklift Accident Injury
      • Motorcycle Accident Injury
      • Pedestrian Accident Injury
      • Public Transportation Accident
    • Workers Compensation
      • Workers Compensation Lawyers
      • Work Injury Damages Claim
      • Claims for Stress
      • Compensation for PTSD
      • Psychological Injury
      • Workplace Bullying
      • Construction Accident Injury
      • Health Workers Compensation
      • Industrial Deafness
    • Medical Negligence
      • Medical Negligence Lawyers
      • Cosmetic Surgery Compensation Claims
      • Operation Gone Wrong Claims
    • Public Liability
      • Public Liability Lawyers
  • About Us
    • Our Team
  • Testimonials
  • Contact Us
    • Sydney
    • Parramatta
  • Blog
  • How We Are Different
    • Our No Win No Fee Agreement
    • Personal Injury Claim Lawyers Guide
    • When Should I Settle My Personal Injury Claim?
    • Do I Have a Personal Injury Case?
    • Best Compensation Lawyers

Not in NSW? Go to our WA page!

Home Nervous Shock Claim – Car Accident Injury

Nervous Shock Claim – Car Accident Injury

Posted In Motor Accident Compensation,NSW
Online Inquiry

IN THIS POST

  • A guide for people who have witnessed someone die, or lost a relative in a motor vehicle accident in NSW
  • Who can make a nervous shock compensation claim?
  • What compensation can I claim?
  • How can I make a claim for nervous shock?
  • How long do I have to make a nervous shock claim?
  • Successful Car Accident Injury Claim story
  • CTP Lawyers – We’ll explain your entitlements simply and help you claim those entitlements
nervous shock tpd claimant

A guide for people who have witnessed someone die, or lost a relative in a motor vehicle accident in NSW

Unfortunately, accidents happen. With accidents, sometimes there is trauma. Being involved in a traumatic event, witnessing a traumatic event or being a close family member of a person involved in an accident or other persons with parental responsibility for the victim even if you did not witness it, can be extremely distressing and have long lasting emotional or psychological consequences.

If you have witnessed a serious accident or are a family member of a victim who has been injured, put in peril or died in an accident), you may be eligible to make a “nervous shock” compensation claim. This is similar to any other personal injury claim in that you can claim compensation for the injury, losses or damage that you have suffered. Separately you could make a compensation to relatives claim if you were dependant on a loved one who died because of an accident, and they were not at fault.

Regardless of whether the accident is a car accident, workplace accident or another traumatic accident, if your close relative has died as a result of a traumatic accident, you may be entitled to make a claim for compensation.

  • No Upfront Costs
  • 99% Success Rate
  • Maximum Lump Sum Payout

To be eligible however, there are some requirements that must be met. This guide specifically outlines the eligibility requirements, your entitlements and how to make a claim for nervous shock as a result of witnessing a traumatic motor vehicle accident or being a close family member of a person who died in a motor vehicle accident.

Who can make a nervous shock compensation claim?

To be eligible to make a nervous shock compensation claim you must:

  1. Have witnessed a traumatic accident –a passenger, cyclist, driver, pedestrian or bystander etc – including a car accident, workplace accident or other (such as recreational accident); and/or
  2. Be a ‘close relative’- the husband or wife, de facto partner, brother, sister, half-brother, half-sister, parent or child of the victim unless you had parental responsibility, as a result of an accident, including a car accident, workplace accident or other accident.
  3. The victim not be mostly at fault.
Calculate your compensation claim
traffic sydney

What compensation can I claim?

If the victim was injured, put in peril or killed due to a motor vehicle accident that was not mostly their fault, you can claim reasonable medical and treatment expenses, loss of income to take into account your future earning capacity, in light of the psychological injury suffered. You can also claim pain and suffering, as part of your payout, if your injury is assessed as being greater than 10% whole person impairment.

If the person who died was a child under the age of 16 years old and living in NSW at the time, you may be able to additionally claim for reasonable funeral or cremation expenses associated with their death.

Calculate your compensation claim

How can I make a claim for nervous shock?

When you make a nervous shock claim for compensation, you will claim against the Compulsory Third Party (CTP) Insurer of the owner or driver of the vehicle that caused the accident.

Firstly, you need to ensure that the accident is reported to the police in writing and an event number is obtained within 28 days, if possible. You then need to obtain the registration number of the at fault vehicle and use that to identify the CTP insurer, via the Services NSW App, of the vehicle that caused the accident, complete a Personal Injury Benefits Form and Certificate of Capacity that needs to be completed by your GP and you.

If you have the registration of the vehicle that caused the accident, you can also obtain the name of their CTP insurer by calling CTP Assist on 1300 656 919. On the other hand, if you do not have the registration details, you will need to enquire with the Police and/or place an advertisement in newspapers asking that witnesses get in contact with you. If you are unable to obtain the details, despite your attempts, you can still make a claim however, you will need to show your attempts to obtain the registration details.

During challenging times, it can be difficult to find the energy to get up in the morning, let alone do paperwork to make a compensation claim. That’s why we’re here to help. We can take the guess work out of making a claim, and we will advise you in simple terms to understand, in relation to your entitlements to ensure that we get you the maximum compensation that you deserve. All while being no win no fee compensation lawyers. Contact our CTP Lawyers for a free claim check to find out more.

How long do I have to make a nervous shock claim?

It is also important to understand that time limits apply for making a claim. You need to submit your claim form to the Compulsory Third Party (CTP) insurer of the vehicle who caused the accident within three (3) months of the accident. If more than 3 months has passed you can still, make the claim however will need to provide a reasonable explanation for the delay. Our CTP lawyers take pride in preparing the reasonable explanations on our clients’ behalf so get in contact with us today and we will tell you what we think in a straightforward approach.  

You also have 3 years to ensure your claim is lodged with the Personal Injury Commission unless it resolves with the insurer, beforehand, which may very well happen! If it is not lodged with the Personal Injury Commission within 3 years you will require the insurers consent and the Commission’s permission.

ausralia road
Calculate your compensation claim

Successful Car Accident Injury Claim story

A father of a young child received $1 million in compensation following his son’s injury as a result of a motor vehicle accident.

Max, a young child, unfortunately suffered injuries as a result of a negligent driver. Max was only a pedestrian walking on a footpath, minding his own business, when the negligent driver struck him.   . Maxs father was not present with him, nor did he witness the accident, he is his father who, normally, had a good relationship with his young son.  As a result of the injuries sustained to Max, his father was diagnosed with Post Traumatic Stress Disorder, a recognised psychiatric illness. A family member from their family contacted Withstand Lawyers to assist the family during their terrible ordeal. Thankfully, our CTP Lawyers were able to take the burden of making a claim away from the father and collated the information and evidence required to make a successful claim on their behalf. Max’s father’s juries were assessed as being over 10% and he made a claim for pain and suffering in addition to receiving income support payments until his car accident compensation payout was received. Looking back, it was a good result not only in that in our view the compensation was within the range of his entitlement, but also as a closure in that the father no longer had to recount the events that took place prior and after the accident.

CTP Lawyers – We’ll explain your entitlements simply and help you claim those entitlements

During these difficult times, we believe that your priorities should be your wellbeing and your recovery, and we are here to help take the burden of making a claim away from you. If you’ve been affected due to a car accident, whether you witnessed a traumatic accident, were involved in an accident or are a close family member of someone who died in a motor vehicle accident, contact our experienced CTP Lawyers for a free claim check. We are no win no fee lawyers, so we’ll deduct our costs upon successful completion of your claim.

Picture of Issa Rabaya

Issa Rabaya

• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society

Call Now 1800 952 898
Search
Free Initial Consultation
Complete for eligibility advice

Step 1 of 3

33%

Categories
  • Blog
  • Medical Negligence
  • Motor Accident Compensation
  • Public Liability
  • TPD Claims
  • Workers Compensation

Related blogs

data on returning to work on light duties at work in NSW

How Long Can You Stay on Light Duties at Work?

May 22, 2025

If you’ve been injured at work, you’re likely feeling overwhelmed—physically, emotionally, and financially. You may be wondering how long you can stay on light duties

Read More »

Road Rage Compensation in NSW: Can You Claim If You’ve Been Injured in an Aggressive Driving Incident?

May 3, 2025

Imagine this: you’re on your usual morning commute, coffee at the ready, mentally preparing for the day ahead. You’re not speeding, you’re not distracted, you’re

Read More »

Accident While Driving Your Personal Vehicle for Work in Australia

April 17, 2025

If you’ve been in an accident while driving your personal vehicle for work, you’re probably feeling overwhelmed and unsure of where to turn. Maybe you

Read More »
*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.

Company

  • Our Team
  • Latest News
  • Privacy Policy
  • Testimonials
  • Careers
  • Contact Us
  • Our Team
  • Latest News
  • Privacy Policy
  • Testimonials
  • Careers
  • Contact Us

Locations

  • Albany
  • Bankstown
  • Blacktown
  • Brisbane
  • Bunbury
  • Central Coast
  • Coffs Harbour
  • Kalgoorlie-Boulder
  • Melbourne
  • Parramatta
  • Penrith
  • Perth
  • Port Macquarie
  • Sydney CBD
  • Wollongong
FREE 1st CONSULTATION
Call us now and put your mind at ease!
  • 1800 952 898
Facebook-f Instagram

© 2025 Withstand Lawyers | Privacy Policy

Liability limited by a scheme approved under Professional Standards Legislation

Select Your State
Please choose your state below so we can show you the most relevant information.
NSW
WA