Haha of course! Talking about it generally helps me see the bigger picture.
So basically, my dissertation involves giving a brief history of the law, stating the law as it currently stands, critiquing it, offering an international comparison (Australian Law) and offering suggestions for reform (those are my chapter headings
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The law itself concerns people claiming compensation for a psychiatric injury they have developed (most commonly Post-Traumatic Stress Disorder, but there are others too like anxiety neurosis etc). The law used to be particularly strict. PTSD has only recently been given recognition as a psychiatric illness and courts/people in general have always been skeptical about psychiatric injury.
Claims broadly fall under two heads; from primary victims - these are people who suffer Psychiatric as a consequence from physical injuries they have sustained at the same time (e.g. they get hit by a car and then develop PTSD). The second type of victim is a secondary victim - these are slightly different in that they only suffer psychiatric injury, usually as a result of witnessing someone else get injured (e.g. seeing your child get hit by a car - terrible examples lol).
This area of law was very much in the public eye after the Hillsborough Disaster (lots of relatives of the victims sustained psychiatric injuries when they were told about/saw their loved ones dying).
Very basically, the law is pretty kind to primary victims (the leading decision says that you can recover for psychiatric injury, even if psychiatric injury is not foreseeable, as long as PERSONAL injury is foreseeable). On the other hand, the law is extremely harsh towards secondary victims - they have to satisfy 3 distinct control mechanisms, in addition to foreseeability of psychiatric injury (they must prove very close ties of love and affection to the victim- one case they didn't let a brother in law recover as they didn't think he was close enough to the victim!; they have to be at the scene of the disaster/at the immediate aftermath and they have to witness the disaster with their own unaided senses (i.e. if they are told by someone else about it, e.g. through radio like some at the Hillsborough Disaster, they are barred from recovering). These are extremely harsh control mechanisms and most agree that they are pretty arbitrary.
This is a very brief summary lol, there are all sorts of technicalities that I won't bore you with. Anyway, i'm arguing that primary victims should not be treated so favourably, and secondary victims should be treated more favourably. Not exactly sure what my reform proposals are yet
I think I will have a better idea when i've finished my critique chapter (doing that now). Australia have a much, much fairer system than us! Overall, i've really enjoyed it, though it is very technical and at some points difficult (certain parts of the law just are not all that clear and you have just got to accept that and interpret it how you think it should look). I've loved the medical aspect to it as well, it's allowed me to research psychiatric illnesses, how they are diagnosed, how they develop etc, which I love. The worst part has probably been stating the current law if i'm honest (it;s all over the place and there are so many different types of claim - like rescuers, bystanders, people who are stressed at work etc etc)
I hope this has not confused the hell out of you lol, it's hard to describe it to someone that isn't from a legal background, simply because of the terminology etc lol. I've tried to keep it as non-legal as possible.
Oh and TOMORROW I WILL GET 1000 words done (I hope
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