A successful "bystander recovery" case requires the plaintiff to prove the following elements: 1)a relative was killed or injured by the defendant; 2)the plaintiff suffered emotional distress; and 3)the plaintiff's mental distress resulted from a later observance of the accident scene.

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In a successful "bystander recovery" case, the plaintiff must typically prove that they were present at the scene of the accident and contemporaneously observed the injury or death, not that their distress resulted from a later observance.

A Successful "Bystander Recovery" Case Requires the Plaintiff to Prove