Landmark Appeal Court ruling for train crash survivor who suffered PTSD
Rail firms may have to consider greater compensation costs following a 2008 landmark case, in which one firm had to pay damages to a train crash survivor who suffered post traumatic stress disorder (PTSD) from his involvement in a horrific train crash where 31 people died.
The High Court had previously rejected the man's claim for compensation, but must now, after the new hearing, decide the level of award he will receive.
The Appeal Court judges heard how the survivor had been a "perfectly normal" man before the crash, but had subsequently undergone a significant personality change. He suffered PTSD, manifesting as frequent absences from work, depression, anxiety and uncontrollable anger.
This uncontrollable anger led him to kill a pedestrian who drunkenly stumbled in front of his car.
The man, who suffered minor cuts in the crash, later pleaded guilty to manslaughter, on the grounds of diminished responsibility. He has been incarcerated ever since and can only be released on the Home Secretary's orders.
The man's lawyer said, "the homicide would not have taken place, but for the original accident".
Medical evidence was presented in court to show conclusively that the survivor had suffered PTSD as a direct result of the train crash and the manslaughter was a consequence of the disorder.
To prevent a compensation award the rail firm's lawyers were relying on a historic legal principal known as "ex turpi causa", i.e. the right to sue in court cannot arise out of an evil act, such as manslaughter. But in a landmark ruling, that may well set precedent; the nation's top civil judge ruled that this "harsh" principle "should be revisited" in the case of an evil act itself "caused" by the trauma suffered in the rail crash.
The law does not allow compensation for the survivor's incarceration, but it is possible upon his release he will find his prospects much diminished and therefore, the judge has ruled, there is no reason why he cannot claim for loss of earnings.
The High Court will now consider the remaining issues of the case, such as whether the manslaughter was "caused" by the rail firm's negligence. They will then make a final decision on damages due.
Making a compensation claim with YouClaim
Any accident can be mentally debilitating and you can be left with feelings of anxiety, anger and depression. There may well be physiological effects such as amnesia or insomnia. If any of these symptoms have affected your everyday life you will probably have found it hard to work and your financial stability may have been compromised.
If you have been involved in a train crash and have been injured or have suffered post traumatic stress disorder you may be able to make a no win no fee' compensation claim with YouClaim. You can fill in an online claim form or request a time for us to call you back or simply call our helpline on 0800 10 757 95. Rest assured you will be getting the best.
