Emotional Distress Claims

Emotional distress can take hold after a serious event and stay with you long after the moment has passed. In many cases, it’s preventable. And that’s what we aim to emphasise.

At John O’Leary Solicitors LLP, we work with people across Tallaght and greater Dublin who are struggling to move forward after being placed in situations that caused serious emotional harm. It might have been a traumatic accident, a violation of trust, workplace mistreatment, medical negligence, or a sudden bereavement caused by error. Whatever the context, the impact is real—and Irish law recognises that.

We’ve been representing individuals in emotional distress claims for over 20 years. Our firm is rooted in the local community, and our approach has never changed: clients speak directly with experienced solicitors who take the time to listen, understand, and build a case that reflects the full extent of what they’ve endured. We don’t skim over the details or rush anyone into decisions. We ask the right questions, gather the right evidence, and put forward claims that stand on solid ground.

Emotional distress isn’t always easy to name. It can look like sleepless nights, panic attacks, withdrawn behaviour, or complete burnout. In some cases, it leads to a clinical diagnosis of anxiety, PTSD, or depression. In others, it manifests quietly—but consistently—in the background of someone’s life. If that experience was triggered or worsened by someone else’s actions or neglect, there may be a path forward.

If you believe you’re in emotional distress because of someone else’s actions, contact John O’Leary Solicitors LLP today. We’ll listen to you and guide you through your legal options.

What Is an Emotional Distress Claim?

An emotional distress claim is a legal action brought by someone who has suffered significant psychological harm as a result of another person’s actions, negligence, or breach of duty. This harm can arise in many contexts—after an accident, during medical treatment, within the workplace, or following an experience of trauma or serious wrongdoing.

Unlike everyday stress or upset, emotional distress in a legal context refers to a level of suffering that affects your ability to live normally. It may interfere with your ability to work, maintain relationships, or carry out day-to-day responsibilities. In many cases, it involves symptoms like anxiety, panic attacks, sleep disturbance, or withdrawal from social life. Some people develop a recognised psychological condition, such as post-traumatic stress disorder (PTSD), clinical depression, or an anxiety disorder.

Irish law allows for compensation where this distress is the result of someone else’s fault. You do not need to have suffered a physical injury to bring a claim. Standalone emotional harm—when proven and supported by evidence—can give rise to a valid case. It’s also common for emotional distress to be part of a broader personal injury claim, especially where physical and psychological effects are linked.

At its core, an emotional distress claim is about recognising the full impact of what you’ve experienced. If that impact is serious, lasting, and was caused by someone else’s actions or inactions, you may be entitled to legal redress.

Types of Incidents That Commonly Lead to Emotional Distress Claims

Emotional distress can be triggered by a wide range of incidents, particularly when a person is placed in a situation they should never have been in—and suffers serious mental or emotional consequences as a result. These claims are not about minor stress. They relate to real psychological harm, caused by preventable events or failures in care, communication, or protection.

Some of the most common causes we encounter include:

  • Workplace mistreatment, such as bullying, harassment, overwork, or retaliation after raising concerns
  • Traumatic accidents, including road traffic collisions, public transport incidents, or witnessing a fatal injury
  • Medical negligence, such as being misdiagnosed, subjected to traumatic procedures, or left uninformed at critical moments
  • Birth-related trauma, particularly in cases involving medical error or distressing outcomes for mother or baby
  • Criminal wrongdoing, including assault, data protection breaches, or incidents involving threats or intimidation
  • Institutional failure, where schools, care homes, or hospitals neglect their duty of care—often resulting in prolonged distress

In all these cases, the emotional harm experienced is not coincidental—it is directly tied to an avoidable incident. Often, the individual suffers feelings of helplessness, fear, humiliation, or deep anxiety, and these do not pass quickly. They can linger for months or years, affecting work, relationships, and daily functioning.

It’s not unusual for individuals to carry the burden of emotional distress alone, unsure whether they “qualify” for legal support. The key consideration is this: if the event could have been prevented, and it left you with lasting psychological harm, then a legal claim may be appropriate. We’ll help you work through that question—clearly and in confidence.

When Emotional Distress Becomes a Legal Issue

Not every upsetting experience results in a legal claim. Emotional distress becomes a legal issue when the suffering is severe, medically recognised, and caused by someone else’s negligence, breach of duty, or deliberate wrongdoing. Irish courts distinguish between everyday stress—which most people experience from time to time—and serious emotional harm that disrupts a person’s life.

To succeed in an emotional distress claim, several elements must generally be present:

  • The incident must have been avoidable and caused by someone who had a duty of care towards you
  • The emotional harm must be significant and more than momentary upset
  • There must be a clear link between the incident and your mental or emotional condition

For example, a person who is yelled at by a customer may feel shaken, but that alone is unlikely to meet the threshold. However, someone subjected to prolonged workplace harassment, who develops anxiety or panic attacks, may have a valid claim—especially if the employer failed to act when warned.

The law also recognises emotional distress suffered by people who witness traumatic events, such as serious accidents or medical negligence involving loved ones. In those cases, a claim may be brought by what’s known as a “secondary victim,” provided certain criteria are met.

In every case, the focus is not just on how you felt in the moment, but on how the incident changed your life afterwards—and whether that harm could and should have been prevented.

Psychological Conditions Often Seen in Claims

Many people bringing emotional distress claims have been diagnosed with a specific psychological condition. This isn’t a requirement in every case, but it does help to strengthen the legal foundation of a claim. Irish courts give serious consideration to medical evidence—especially when it comes from a GP, psychologist, or psychiatrist.

Some of the most commonly encountered conditions in these claims include:

  • Post-Traumatic Stress Disorder (PTSD):Often seen after road traffic accidents, workplace assaults, or witnessing a traumatic medical event. Symptoms include flashbacks, nightmares, and heightened fear responses.
  • Adjustment Disorders:This involves difficulty coping with a stressful or traumatic life event. Symptoms can include tearfulness, withdrawal, sleep disruption, and anxiety, often developing within a few months of the event.
  • Clinical Depression:Depression following trauma or ongoing mistreatment can affect a person’s ability to function. It may involve loss of interest in life, low mood, and persistent fatigue.
  • Generalised Anxiety or Panic Disorder:Marked by excessive worry, agitation, physical tension, and in some cases, panic attacks that interfere with work or daily life.

Even in cases without a formal diagnosis, emotional distress can be proven through consistent symptoms, GP notes, and the testimony of close relatives or carers. You do not need to be admitted to hospital or referred to a consultant to have your suffering recognised.

What matters is that your distress is real, ongoing, and linked to a specific incident or failure. Whether it’s a formally diagnosed condition or something you’re still trying to name, we can help you take the next step with care and clarity.

Impact on Daily Life

In emotional distress claims, one of the most important legal considerations is impact. It’s not just about the event itself—it’s about how your life changed because of it. The more serious and lasting the effects, the stronger your claim is likely to be.

Many people struggle with:

  • Work:Needing to take time off, stepping down from a role, or being unable to return at all
  • Relationships:Withdrawing from family and friends, or experiencing breakdowns in trust and communication
  • Routine life:Finding it difficult to manage day-to-day tasks like cooking, cleaning, shopping, or socialising
  • Mental wellbeing:Ongoing symptoms such as intrusive thoughts, low mood, sleep disturbance, or persistent fear
  • Confidence and independence:Feeling anxious in public spaces or dependent on others for support

Irish courts take these consequences seriously. When supported by documentation—such as GP records, counselling notes, or statements from family—the disruption to your life can form a central part of your case. If your ability to enjoy life, participate in your community, or manage your responsibilities has been significantly reduced, it is not something to dismiss.

Whether your distress developed suddenly or built up over time, we help document the practical effects clearly. This ensures your experience is not only heard, but recognised as the serious injury it is.

Emotional Distress in the Workplace

Workplace-related emotional distress is one of the most common claim types we handle at John O’Leary Solicitors LLP. The modern workplace carries significant mental pressure—but when that pressure crosses the line into mistreatment or neglect, it may become a legal issue.

Under Irish employment law, employers have a duty to provide a safe working environment—not just physically, but mentally and emotionally. When they ignore that duty, and someone suffers emotional harm as a result, they may be liable.

Situations that give rise to claims include:

  • Bullying or harassment:Repeated undermining, intimidation, or exclusion by colleagues or management
  • Retaliation after raising concerns:Being punished, isolated, or demoted for reporting wrongdoing or health issues
  • Unsafe workloads:Being expected to carry excessive responsibilities with no support
  • Lack of intervention:Management failing to act on internal complaints or mental health disclosures
  • Neglect following trauma:No support or accommodations after a distressing workplace event (e.g. serious accident or assault)

These claims often involve clear patterns over time—not just a single incident. Emotional distress may manifest in burnout, anxiety, sleep disruption, or the need to take extended leave.

Evidence might include occupational health reports, grievance letters, HR emails, and records of stress-related absence. We work closely with clients to gather and present this evidence clearly.

You don’t need to prove a toxic environment beyond doubt—only that the employer failed in their duty and that this failure caused serious emotional harm. We’ll help you assess this and move forward with confidence.

Emotional Distress Caused by Medical Negligence

Not all harm caused by medical errors is physical. Many individuals suffer deep emotional trauma due to how they were treated—or mistreated—by healthcare professionals. If the psychological impact of a medical experience is serious, long-lasting, and avoidable, it may give rise to a legal claim.

We’ve supported clients in emotional distress claims linked to:

  • Traumatic births, especially where proper procedures weren’t followed or the parent was ignored during labour
  • Delayed or missed diagnoses, where people were left in limbo or received bad news too late
  • Distressing procedurescarried out without proper explanation or informed consent
  • Insensitive communication, such as blunt delivery of life-altering information or failure to prepare patients for serious outcomes
  • Witnessing harm to a loved one, especially in paediatric or elderly care settings

These situations can lead to profound emotional effects—shock, panic, fear of hospitals, and lasting anxiety. In many cases, people also suffer from sleep disruption, flashbacks, or loss of trust in healthcare professionals.

The legal test is whether the harm was foreseeable and caused by a failure to meet accepted standards of care. Medical records, complaints, witness statements, and psychological evaluations are key in building a strong case.

You don’t need to have physical injuries to bring a claim. Emotional distress caused by negligence or poor treatment alone is valid—and increasingly recognised in Irish case law. If a medical experience has left you unable to move on, it’s worth exploring your legal options. We’re here to guide you through that process calmly and with care.

Claims by Witnesses or Secondary Victims

In some cases, emotional distress claims can be brought by people who weren’t physically harmed themselves—but who witnessed something traumatic involving a loved one. These are known as “secondary victim” claims, and they are recognised in Irish law under specific circumstances.

Examples of eligible situations include:

  • A parent witnessing a traumatic birth or medical error involving their child
  • Someone present at the scene of a fatal road accident
  • A partner or family member observing negligent care that led to serious harm or death
  • Bystanders exposed to violent or shocking events due to inadequate safety measures

To succeed in a secondary victim claim, certain conditions usually need to be met:

  • Proximity to the event—you must have been physically present or closely connected in time and location
  • Close relationship—typically a parent, child, partner, or sibling of the injured party
  • Recognisable psychological harm—such as PTSD, shock, or clinically assessed anxiety or depression

These claims are sensitive and often complex. They require strong supporting evidence, including statements, psychological assessments, and documentation of your connection to the injured party. But when that evidence is available, the courts are increasingly willing to recognise the legitimate emotional toll placed on close relatives and witnesses.

If you’ve experienced serious emotional distress after witnessing a traumatic event or outcome, and you were directly affected, it’s worth having the situation assessed by a solicitor.

Supporting Evidence for an Emotional Distress Claim

The success of an emotional distress claim often depends on the quality and clarity of the supporting evidence. Emotional harm isn’t always visible, but there are many forms of documentation that can help build a clear picture of what you’ve experienced—and how it’s affected your life.

Vital evidence includes:

  • Medical records:GP notes, referral letters, therapy or psychiatric reports
  • Mental health assessments:Documentation of conditions such as anxiety, depression, PTSD, or adjustment disorder
  • Prescriptions or treatment records:Evidence of ongoing medication or counselling
  • Workplace documentation:Sick leave records, HR correspondence, or evidence of reduced capacity
  • Statements from family or friends:Observations of changes in mood, behaviour, or ability to cope
  • Personal diaries or notes:Entries detailing symptoms, emotional responses, and daily challenges
  • Formal complaints or incident reports:Letters submitted to employers, schools, hospitals, or public bodies
  • Expert reports:Where needed, we can arrange independent assessments to strengthen your case

You don’t need to have all of this in place to start the conversation. Most clients begin with just a GP note or referral letter. From there, we help identify and gather what’s needed to document your experience in a legally meaningful way.

Our role is to make the process manageable. We’ll guide you through what to request, how to record your symptoms, and how to ensure your voice is properly heard. Emotional harm is real—and when it’s preventable or caused by someone’s failure, it deserves to be taken seriously..

When Emotional Distress Is Tied to Physical Injury

In many cases, emotional distress does not occur in isolation—it follows a serious physical injury. The shock, pain, or long-term impact of an accident or medical event can lead to anxiety, depression, or post-traumatic symptoms that are just as disruptive as the injury itself.

Common examples include:

  • A road traffic collision survivor who develops panic attacks
  • A patient who experiences distress after surgical complications or scarring
  • Someone left with chronic pain who begins to withdraw socially and emotionally
  • An injured worker who becomes depressed due to long-term disability and job loss

Irish law allows emotional distress to be included as part of a wider personal injury claim. This means that if your psychological suffering is directly linked to your physical injury, both can be addressed together in the legal process.

The key is showing that the emotional harm is significant and documented—ideally with GP or counselling notes. You do not need a psychiatric diagnosis to have your emotional distress taken seriously, but medical confirmation of your symptoms strengthens your case.

When both physical and emotional injuries are involved, we ensure that no part of your suffering is left out. The full impact on your life—visible and invisible—is what matters most.

Time Limits: How Long You Have to Act

Under Irish law, emotional distress claims are generally subject to a two-year time limit from the date of injury. This is known as the Statute of Limitations. However, emotional harm is not always immediately recognised, which is why the law also allows for the “date of knowledge” rule.

The date of knowledge is when you first became aware—or ought to have become aware—that your emotional distress may have been caused by someone else’s actions or failure. For many, this is the date of diagnosis, the onset of severe symptoms, or the moment they connect their distress with a particular event.

There are exceptions. For example, the time limit is paused for children until their 18th birthday. It may also be extended in cases where someone lacked legal capacity due to the nature of their condition.

Even if time has passed, it’s worth asking. Emotional harm is complex, and we’ll assess whether your case still falls within legal limits. Early advice is always best—but it’s never too late to ask the question.

Take the First Step. Speak with John O’Leary Today

At John O’Leary Solicitors LLP, we’ve supported people across Tallaght and Dublin who’ve quietly suffered through emotional trauma, unsure if they had any right to act. You do.

We’ll guide you through your options, give you honest, clear advice, and help you make a decision that’s right for you.

Contact John O’Leary Solicitors LLP today:

Phone: 1800 80 48 48

Email: info@olearysolicitors.ie

Office: Main Street, Tallaght Village, Dublin 24

You’ve been through enough. Let’s talk about what comes next.