Psychological Injury Compensation Claims
Helpful Information
- Workplace Stress – If bullying, harassment or discrimination leads to a recognised psychiatric condition, there may be grounds to bring a claim against the employer.
- Trauma and Abuse – If you developed a psychiatric disorder due to abuse, and there is evidence the abuse could have been prevented by those with a duty of care (for example, a school or a local authority), you may have grounds to bring a claim.
- Traumatic Events – If you were involved in a serious incident such as a car accident, assault, or terrorist attack, and a third party’s negligence or wrongful actions caused your injury, you may have grounds to bring a claim.
- Negligent Healthcare – If you suffered a psychological injury due to negligence by healthcare staff, for example, waking up during surgery, you may have the grounds to bring a claim.
Proving liability in psychological injury cases
To prove that a negligent third party caused a medically recognised psychiatric injury, it is necessary to establish a duty of care, demonstrate how that duty was breached, and show that the breach caused the injury. The condition must be a recognised psychiatric disorder, diagnosed by a medical professional, and it must be clear that the injury cannot be attributed to any other cause. Primary victims need only show direct involvement, while secondary victims must meet additional criteria, including a close relationship with the harmed party, proximity to the event or its aftermath, and witnessing the harm directly. If you are unsure whether you have a claim, arrange an appointment to speak with a personal injury solicitor here today. The initial call is free of charge and will help you assess the strength of your case.
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Frequently Asked Questions
Some of the questions we are often asked in relation to this topic.
How much compensation will be awarded?
This depends entirely on the severity of the psychological injury. Section 4 of the Judicial Council’s Personal Injuries Guidelines provides an outline of likely general damages awards for different levels of injury. For example, severe psychiatric damage resulting in a marked impact to work or study might result in an award in the region of €80,000-€170,000. Minor psychiatric damage where full recovery is expected might result in an award in the region of €500-€15,000. Successful claims may also result in special damages awards to cover out-of-pocket expenses such as psychiatric treatment costs and lost employment income.
What factors determine the level of award?
Considerations affecting the level of the award will include factors such as age, interference with quality of life and education, impact on work, and impact on interpersonal relationships. Additional considerations encompass whether medical assistance has been sought, the nature, extent, and duration of treatment undertaken and/or medication prescribed, the likely success of treatment, and the prognosis, including any future vulnerability. Lastly, the extent and/or nature of any associated physical injuries will also be taken into account.
How can a solicitor help?
A solicitor can provide vital assistance by assessing the merits of the case, gathering evidence such as medical reports and witness statements, and ensuring compliance with legal procedures. They offer expert guidance on the amount of compensation likely to be awarded, negotiate with opposing parties or insurers, and represent clients in court if necessary. Your solicitor also manages deadlines and paperwork, helping to minimise your stress. Their expertise ensures that the psychological impact of the injury is properly documented and valued, helping you achieve a fair settlement that reflects the full extent of the suffering you endured.
Start your psychological injury claim
If you have been diagnosed with a recognised psychiatric condition, and you believe negligence on the part of a third party caused your condition, you may have the basis to bring a compensation claim. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on info@mccarthy.ie and we will get back to you as soon as we can.
About McCarthy + Co
With more than 30 years of experience, McCarthy + Co. has helped many people to bring successful injury claims against negligent employers and other third parties. We are a family-run business, and we pride ourselves on offering honest, impartial, and helpful advice.
Our offices are based in Dublin and Cork, but we work with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance, and assistance on any form of personal injury.
Useful Resources
- HSE – Work-related stress
- Citizens Information – Bullying at work
- Mental Health Ireland – Advice
Our Awards & Accreditations
We are a multi-award winning firm, accredited by the Law Society of Ireland.
Our Partners
Directly contact our partners via email about your case.
Flor McCarthy
Email: flor@mccarthy.ie
Follow Flor on Social Media
Twitter: @flormccarthy LinkedIn: /in/flormccarthy/
Flor McCarthy wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.
Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy
Email: john@mccarthy.ie
Follow John on Social Media
LinkedIn: /in/johnmccarthysolicitor/
John McCarthy is a seasoned solicitor with more than 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.
John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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