Post Traumatic Stress Claims (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.

Common Physical Symptoms of Post Traumatic Stress Disorder Include:

• Shaking, sweating, pain, and nausea.

• 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

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

• Avoidance of situations related to the traumatic event
• Difficulty sleeping
• Outbursts of emotion

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.

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.

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.

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:

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

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”.

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.