Post Traumatic Stress Disorder – Injury claims

Can I start an injury claim for PTSD?

Yes. You might be eligible to make a PTSD claim if you can prove that your condition was caused or worsened by an accident that was not your fault, or by the negligence, misconduct, or breach of duty by another party. You can learn more about how our legal fee system works on our No Win No Fee Explained page.

What evidence do I need to support my PTSD claim?

To succeed in a psychological / PTSD injury claim, you need to prove that you have a medically recognised condition caused or worsened by another party’s misconduct. Psychiatric reports, therapy records, and expert testimony can support these injuries. Our legal team collaborates closely with mental health professionals to ensure your case is based on solid expert analysis and evidence. To succeed, the evidence you might need to provide to demonstrate that you have or are suffering from PTSD generally includes: Psychiatric reports and assessments; Therapy records and notes from mental health professionals; Expert medical testimony; and Records of the traumatic event (e.g., Garda reports, accident reports, workplace records).

What is the time limit for starting a PTSD compensation claim in Ireland?

The legal time limit, or Statute of Limitations, generally requires you to begin legal proceedings within two years from the date you became aware of the psychological harm or trauma.

Are there different time limits for children’s PTSD claims?

Yes, for PTSD resulting from childhood trauma (before age 18), the victim has two years after they turn 18 to start a claim, giving them until their 21st birthday. Parents or guardians may also act as a ‘Litigation Friend’ to start a claim on the child’s behalf before they turn 18. For more on Child Injury Claims, see our Claiming on behalf of a Child page.

How much compensation could I receive for a PTSD claim?

Compensation for PTSD is highly individual and depends on how the disorder impacts your life. The amount is intended to cover pain and suffering (General Damages), which compensates for psychological distress and diminished quality of life, and Financial Losses (Special Damages), including loss of earnings (both past and future), medical expenses, therapy or rehabilitation costs, and other related expenditures. Our specialist team will evaluate your case and provide you with a detailed estimate. See our page on General and Special Damages.

Can I claim for work-related PTSD?

Yes. If your PTSD resulted from your employer’s negligence – for example, by failing to provide a safe working environment, exposing you to hazardous conditions, or permitting harassment – you can make a claim. Your employer cannot legally dismiss you for initiating a claim against them.

What should I do if I suspect I have PTSD?

We strongly advise you to contact your GP (General Practitioner) as soon as possible to discuss your symptoms and obtain immediate professional treatment and support. Also, keeping a full record of any treatment received is essential for your legal case. Our team are also here to help you to collect any evidence you may need for your case.

How to know if I can claim for PTSD

To be eligible to claim for Post traumatic Stress (PTSD) you need to have records indicating you have suffered a physical injury that resulted in emotional pain and suffering. PTSD is difficult to define and becomes apparent in different forms so it must be diagnosed based on the medical history of the victim and the occurrence of a traumatic event such as a car crash. If you believe you are suffering from PTSD as a result of an accident caused by another party and would like to pursue a PTSD claim, the first step to starting your claim is to provide us with the details about how and where the head injury occurred, and about the severity of injuries to the head. We will then assess your claim details and determine how successful your injury claim is expected to be.

What are the Physical Side Effects from PTSD?

Common Physical Symptoms of Post Traumatic Stress Disorder Include:

• Drowsiness / Lethargy
• Headaches / Migraines
• Vomiting
• Loss of use of part of the body e.g. weak arm or leg
• Seizures
• Blurred Vision
• Bleeding from nose or ear
• Irregular breathing

What are the Emotional Effects from PTSD?

The most common type of psychological injury suffered following an accident is (PTSD). According to Mental Health Ireland PTSD is a “reaction to exposure to a very stressful and traumatising event”. People suffering from PTSD will usually experience symptoms such as:

• Flashbacks, intrusive thoughts, and nightmares
• Emotional instability and severe anxiety
• Difficulty focusing, insomnia, and aggressive behaviour
• Becoming emotionally numb
• Confusion
• Unusual behavior
• Difficulty speaking or being understood
• Becoming aggressive or violent
• Flashbacks to the traumatising event
• Panic attacks
• Nightmares

What are the Long Term Side Effects of PTSD?

PTSD can be a severe and long term mental health problem. Many people diagnosed with PTSD suffer from feelings of anxiety for years following the traumatic event. It is vital that anyone experiencing signs of PTSD obtains treatment from an appropriate expert such as a psychiatrist or psychologist.

How long do I have to start my PTSD Claim?

You have two years from the date of your accident within which to make a claim after which time your case will become statute barred.  If you have any legal questions or wish to start your claim, please do not hesitate to contact our dedicated and experienced team of solicitors who will be more than happy to talk you through the whole process and answer any questions that you may have. Contact us 7 days a week by Phone: 01 453 7890 Email: info@lawline.ie or fill out our Call Back Form.

PTSD from Road Traffic Accidents

Being involved in or witnessing a major car, pedestrian, or cycling accident can cause significant injuries and distress, which may develop into PTSD. Regardless of whether you were driving, a passenger, a pedestrian, a cyclist, or otherwise involved in a car accident that was not your fault, you might be able to make a claim. The same rule applies whether you were driving for work or not.

PTSD from workplace trauma

Serious accidents at work, witnessing a horrifying event, prolonged exposure to harassment from work peers or superiors, or unsustainable workloads. Extended exposure to excessive workloads, harassment, or traumatic events at work can severely impact mental and physical health. Our legal team has the expertise to investigate such cases and advocate for employees who have been pushed past their limits. To initiate a claim, you must demonstrate that your PTSD was caused by an incident resulting from your employer’s negligence.
Please note:

• You don’t need to be an employee to make a claim; you could be a contractor or visitor to the workplace where the accident happened.
• You have rights, so you cannot lose your job if you make a claim against your employer for PTSD.
• If you develop PTSD following a traumatic incident at work, it is crucial to keep detailed records of any treatment you undergo. This will support your work-related PTSD claim.
• Our team will also help you to collect the evidence you need for your case.

PTSD from Childhood Trauma

Examples of childhood trauma that could lead to PTSD include physical assault, neglect or sexual assault.

Successful Post-Traumatic Stress Injury Claim: Case Study

Case Study: PTSD Personal Injury Claim – McLoughlin v O’Brien – Nervous Shock

The entitlement to claim for these types of injuries was first recognised in the English case of McLoughlin v O’Brien in 1983 which was followed in Ireland and re-stated in the Supreme Court in the case of Kelly v Hennessy in 1996. This case law set out the criteria that must be satisfied in order for a claimant to succeed in a case for PTSD or “nervous shock”:

• There must be a recognised psychiatric injury
• The illness must be shock induced
• The nervous shock complained of must have been caused by the acts or omissions of the defendant
• The nervous shock must have been sustained due to an actual or apprehended physical injury, to either the claimant or to another person
• Lastly, it must be established that the defendant owed a duty of care to the claimant not to cause a reasonably foreseeable injury.

This case law further established that a person may be entitled to recover damages for nervous shock where they came across the immediate aftermath of an accident, either at the scene of the accident or at the hospital if the accident involved a person with whom the claimant had a close personal relationship. In the case of McLoughlin v O’Brien (1983) a woman had been told about an accident which had taken place an hour previously which involved her husband and children. This woman went to the hospital where she saw her dead daughter, seriously injured husband and other children in the same state they had been in at the scene of the accident. She later claimed that she was suffering with nervous shock as a result of seeing her family this way. The Court held that this was “sufficiently proximate” to the event in both time and place and she was entitled to recover damages for nervous shock.