Psychiatric Injury Claim Guide

When an accident occurs, such as road traffic accident, adrenaline will flood the persons bloodstream when presented with a danger. The immediate focus will be on getting out of the danger and then an assessment of any physical injury which has resulted. As the person attends a hospital, a physical assessment in the form of x-rays perhaps will take place and if the person can return home, they will be discharged under the primary care of their General Practitioner.

Sometimes over the following period the person realises they are not feeling so good and something is amiss. The accident has caused a psychological disturbance in essence and their life and wellbeing have been affected negatively.  When trauma occurs it is important to review themselves over time and if needed stay close to their doctor with respect to having open communication channels. There are various types of health care providers that assist people to deal specifically with trauma and whom do so on a daily basis.

To succeed in a psychiatric injury claim one has have a recognisable psychiatric injury.

In Kelly v Hennessy 1995 2IR254 a test was laid out which includes:

Did the injured party sustain a recognisable psychiatric injury ?

Was this caused by the shock in question ?

Was this caused by the defendant’s negligence ?

Was this caused by the actual or apprehended physical injury to the person ?

Did the defendant owe the injured person a duty of care ?.

These questions will need to be applied to the facts of a persons case.  

Personal Injuries Board

If a person has sustained such an injury which has negatively affected ones life as a result of negligence, the Personal Injuries Board is tasked with dealing with personal injury claims.

Persons may have financial losses in addition to the pain and suffering which will need to be dealt with in the persons case.

Here is a post to detail the process of bringing an application to the personal injuries board.

Personal Injury Guidelines

The personal injury guidelines detail in categories A. and B. damages which can be awarded in a psychiatric injury claim.

The level of the award will be assessed on the basis of the following considerations :

Age;

Interference with quality of life and education;

Impact on work;

Impact on interpersonal relationships;

Whether medical assistance has been sought;

Nature, extent and duration of treatment undertaken and/or medication prescribed;  Likely success of treatment;

Prognosis, to include any future vulnerability;

The extent and/or nature of any associated physical injuries.

Category A. deals with Psychiatric Damage Generally.

With respect to severe psychiatric damage the award sum range is between €80,000 – €170,000.

With respect to serious psychiatric damage the award sums range is between €40,000 to €80,000.

With respect to moderate psychiatric damage, the award sums range is between €15,000 – €40,000.

Category B. of the guidelines deals with post-traumatic stress disorder.

This is as a result of psychological trauma from witnessing or being involved in the traumatic event.

With respect to severe PTSD the award sum range is between €60,000 – €120,000.

With respect to serious PTSD the award sums range is between €35,000 to €80,000.

With respect to moderate psychiatric damage, the award sums range is between €10,000 – €35,000.

With respect to minor PTSD, the award sums range is between €500 – €10,000.

In a psychiatric injury claim the negligence and liability matter will need to be assessed and the principles laid out in Kelly v Hennessey will also need to be assessed and applied to the specific facts.

Kieran Cleary and Roger Cleary, Personal Injury Solicitors can help with questions you may have regarding negligence, liability, case viability etc. and our numbers are (01) 546 1121 or  (052) 612 1999 or our email address is info@clearysolicitors.com