What is a Psychological Injury Claim?
Psychological injury claims cover identifiable mental health conditions caused by a particular event or set of events. Irish law requires a "recognised psychiatric illness" rather than mere upset, which typically means a formal diagnosis of PTSD, depression, anxiety disorder, or adjustment disorder. Expert psychiatric evidence is usually required.
Am I Entitled to Claim?
You may have a claim if you suffered a psychiatric injury as a result of another party’s negligence. You do not need a physical injury as well, though many claimants have both. Specific categories include primary victims (those directly in the incident), secondary victims (those who witnessed or learned of harm to close loved ones), and work-related psychiatric harm.
Step-by-Step Process
See a Doctor
GP referral for psychological symptoms following a trauma is important for both recovery and the claim.
Therapy or Treatment
Follow recommended CBT, counselling, or psychiatric treatment. Keep records.
Contact Keans
Sensitive consultation. We take your account carefully and at your own pace.
Psychiatric Report
We instruct an independent consultant psychiatrist to examine and report.
Claim Process
Standalone psychiatric claims or combined physical-plus-psychiatric claims go through the IRB.
Resolution
Settlement reflects diagnosis, duration, treatment response, and ongoing impact on life.
Evidence That Strengthens Your Claim
The stronger the evidence, the more straightforward the claim. Where possible, gather the following:
- GP records documenting symptoms from as early as possible
- Referral to psychological services and any CPsych or CBT records
- Psychiatric or psychologist consultation notes
- Prescription records for antidepressants or anxiolytics if used
- Independent psychiatric expert report
- Personal diary of symptoms, triggers, and functional impact
- Evidence of any work absence attributable to psychological symptoms
Compensation Ranges
Based on the Judicial Council’s Personal Injury Guidelines 2021. Awards may also include special damages for lost earnings, medical costs, and future care needs. Exact value depends on your specific injury.
Frequently Asked Questions
Yes, provided you have a recognised psychiatric diagnosis such as PTSD and it was caused by the incident. "Pure" psychiatric injury claims (no physical injury) are more legally complex but are well-established in Irish law, particularly for primary victims.
Possibly, as a "secondary victim". Irish law allows secondary victim claims in limited circumstances, typically requiring a close relationship with the injured party, proximity to the incident in time and space, and a sudden shock. We assess the facts carefully.
Yes. Work-related psychiatric injury from assaults, bullying, or traumatic incidents is a recognised claim category. Where the employer failed to protect you from foreseeable risk, they are liable for the psychiatric consequences.
For a psychiatric injury claim, a psychiatric or psychologist assessment is usually essential to establish the diagnosis and its cause. We arrange this through an independent expert and handle the sensitivities involved.
Two years from the date of the accident or the date you first became aware of the injury. Miss it and your claim is statute barred, so contact a solicitor early.
No. The initial consultation at Keans is free. For personal injury cases we discuss all fees in writing before work begins. In contentious business, Irish law prevents solicitors from calculating fees as a percentage of your award or settlement.