Post-traumatic Stress Disorder (PTSD) Claims
At John O’Leary Solicitors LLP, we understand that not all injuries are visible. If you’re dealing with the effects of post-traumatic stress disorder (PTSD), you deserve the same support and respect as anyone recovering from a physical injury. Based in the heart of Tallaght Village and proudly serving clients across Dublin for over 20 years, we’ve built our reputation on personal, one-to-one service that puts your wellbeing first.
Our team is rooted in the local community and committed to helping people through some of the most difficult moments in their lives. We don’t take a one-size-fits-all approach. Instead, we take the time to understand your experience, listen carefully, and guide you through your legal options with care and clarity. Whether your PTSD stems from a serious accident, a workplace incident, or another traumatic event, we’re here to help you pursue the compensation you’re entitled to—without stress, confusion, or delay.
You’ll deal directly with experienced solicitors who know the system, know your rights, and know how to get results. We’re proud to be a trusted legal partner for people in our community, offering dependable support, practical advice, and a steady hand throughout the process.
Understanding PTSD in a Legal Context
Post-Traumatic Stress Disorder (PTSD) is a recognised psychological condition that can emerge after exposure to a traumatic or distressing event. While many people associate it with extreme situations like warfare or natural disasters, PTSD is also common in everyday life—following car crashes, accidents at work, assaults, or witnessing sudden violence. It doesn’t require a physical injury to be serious, and for many people, symptoms develop quietly over time.
In personal injury law, PTSD is treated as a valid and compensable psychological injury—provided it can be linked to an incident caused by another party’s negligence. This may include situations where you were a direct victim, or where you witnessed trauma in a setting where someone owed you a duty of care.
Symptoms can interfere with daily life, affect relationships, and prevent you from working or feeling safe in ordinary situations. You might experience flashbacks, insomnia, anxiety, or emotional numbness—and without treatment, the condition can persist or worsen.
If you’re living with PTSD and suspect it was caused by an accident or incident that wasn’t your fault, legal advice can help. A solicitor can explain whether you have grounds to claim, what evidence is needed, and what kind of support—legal and therapeutic—you may be entitled to.
Examples of Incidents That Can Lead to a PTSD Claim
PTSD can stem from a wide range of traumatic events—not just those involving direct physical harm. What matters legally is whether the event was sufficiently distressing and whether another party’s negligence caused or contributed to it. Below are examples of situations where valid PTSD claims often arise:
- Road Traffic Collisions: This includes survivors of serious crashes and witnesses to fatal accidents—especially those involving pedestrians, cyclists, or public transport.
- Workplace Accidents: Machinery failures, serious injuries to colleagues, or life-threatening incidents on construction or industrial sites may lead to lasting trauma.
- Physical Assaults or Robberies: PTSD can develop after violent crimes, including attacks in public spaces, homes, or while working in customer-facing roles.
- Medical Incidents: Cases of gross negligence during surgery, childbirth complications, or witnessing medical trauma can also trigger PTSD.
- Sudden Death at Work or in Public Settings: Witnessing a fatal incident—whether a colleague or stranger—is a common basis for secondary victim PTSD claims.
Importantly, you don’t have to be physically harmed to bring a claim. If the event had a severe psychological effect and should have been preventable, it may fall within the scope of personal injury law. A solicitor can help clarify this based on your experience.
Symptoms That Commonly Appear in PTSD Claims
Every PTSD case is different, but there are well-recognised symptoms that often emerge after a traumatic event. These symptoms can vary in severity, develop gradually, and persist long after the initial incident. In personal injury claims, their nature and impact play an important role in determining the strength and value of your case.
Psychological and Emotional Symptoms
- Flashbacks or nightmares that replay the event
- Intense anxiety or panic attacks
- Emotional numbness or detachment
- Mood swings, irritability, or anger
Cognitive Symptoms
- Difficulty concentrating or making decisions
- Memory lapses, especially around the event
- Negative thoughts about self-worth, safety, or trust
Behavioural and Physical Symptoms
- Avoidance of places or people connected to the trauma
- Insomnia or disrupted sleep
- Loss of interest in daily life, work, or relationships
- Physical tension, nausea, dizziness, or fatigue
These symptoms aren’t always constant, but they can significantly disrupt your life and ability to function. If they’ve developed after an incident caused by another’s actions or omissions, you may have grounds to claim. Legal recognition of PTSD focuses not just on diagnosis, but also on how the condition affects your quality of life.
What Makes PTSD Claims Complex?
PTSD claims can be more challenging than other personal injury claims because the injury is invisible. Unlike a broken bone or a physical scar, psychological trauma doesn’t show up on an X-ray. This can make it harder to prove, especially if there was a delay in diagnosis or if symptoms took time to develop.
Another common difficulty is connecting the trauma to the incident. Insurers and defendants may question whether your PTSD was caused by the event in question or by other factors. If you have a history of anxiety or past trauma, they may try to argue that your symptoms are unrelated.
There’s also the issue of stigma. Many people hesitate to report psychological injuries out of fear of not being taken seriously. Others struggle to talk about distressing experiences, especially when symptoms involve panic attacks, emotional detachment, or flashbacks.
This is where an experienced solicitor can make a difference. We help ensure your condition is acknowledged, your evidence is clearly presented, and that your claim is backed by expert insight. You shouldn’t have to justify your suffering alone—we’ll make sure the legal system hears your story properly.
Proving PTSD in Your Legal Case
To succeed in a PTSD claim, the most important element is proof—proof of the diagnosis, proof of its connection to the event, and proof of how it has impacted your life.
Your first step is typically obtaining a formal diagnosis from a qualified mental health professional such as a GP, psychiatrist, or psychologist. The report should outline your symptoms, their severity, and any prognosis for recovery. Without this diagnosis, the Personal Injuries Assessment Board (PIAB) or the courts will be unable to assess your case.
Once the diagnosis is confirmed, we help gather supporting documentation:
- Accident reports or incident logs
- Garda statements or emergency service records
- Employer reports, if work-related
- Medical records showing treatment, medication, or therapy
- A symptom diary or witness accounts of behavioural changes
- Evidence of lost income, altered daily routines, or lifestyle impacts
We also work with independent medical experts to ensure the reports submitted meet legal standards. It’s not enough to say you’re suffering—your solicitor must show the full effect of PTSD on your wellbeing, employability, and future prospects.
Proving PTSD requires clarity, detail, and the right legal framing. With careful case preparation, we can ensure your experience is taken seriously and fully recognised in the claims process.
How Liability Is Established in PTSD Claims
In Irish law, liability in PTSD claims is based on the principle of duty of care—a legal responsibility to prevent foreseeable harm. If someone owed you that duty and failed to meet it, and their failure led to the trauma you experienced, they may be liable.
For example:
- A negligent driver who caused a collision may be liable for trauma suffered by passengers or bystanders.
- An employer may be liable if PTSD developed after exposure to a preventable workplace hazard or violent incident.
- Public bodies may be responsible where failure to secure public safety results in psychological injury.
Where things become more complex is with secondary victim claims—cases where someone develops PTSD from witnessing harm to another person. Irish law places strict requirements on these claims, including proximity to the event and the relationship to the person harmed.
Your solicitor’s role is to analyse the facts, determine whether a duty of care was breached, and establish a strong link between the event and your condition. This forms the legal basis of your case and is critical to ensuring fair compensation.
Compensation for PTSD – What You May Be Entitled To
Compensation for PTSD depends on how severely the condition affects your daily life, your ability to work, and your long-term health. Under the Personal Injuries Guidelines introduced in 2021, psychological injuries such as PTSD are assessed based on their intensity, duration, and impact—not just on diagnosis alone.
The current guideline ranges include:
- Mild PTSD: Symptoms resolve within 1–2 years and have minimal disruption to life — €10,000–€20,000
- Moderate PTSD: Ongoing symptoms that are manageable but persistent, with some impact on work and social life — €20,000–€55,000
- Severe PTSD: Long-term or permanent symptoms, with significant disruption to everyday function — €60,000–€120,000+
In addition to general damages for pain and suffering, you may also claim special damages for:
- Loss of income (past and projected)
- Counselling or psychiatric treatment
- Medication or travel for medical care
- Costs related to lifestyle changes or care needs
Every claim is different, and these figures are only indicative. The final award depends on your specific circumstances. A solicitor can help you document the full extent of your losses and ensure that your claim is valued accurately and fairly.
Time Limits for PTSD Claims in Ireland
Under Irish law, most personal injury claims—including those for PTSD—must be initiated within two years from the date of injury. However, PTSD cases can be more complex because symptoms don’t always appear immediately after the triggering event.
That’s why the legal clock usually starts from the “date of knowledge”—the moment you first became aware (or reasonably should have become aware) that your symptoms were linked to a specific incident caused by someone else’s actions. This is especially relevant in PTSD cases where a diagnosis may come months after the trauma.
There are important exceptions:
- For minors, the two-year limit begins from their 18th birthday.
- For individuals with diminished mental capacity, time limits may be extended until capacity is regained.
- In rare cases, courts may allow a claim outside the standard window if justice requires it.
To protect your rights, it’s best to get legal advice as early as possible. Delaying can make evidence harder to obtain and weaken your claim.
Practical Tips to Strengthen Your Claim
If you’re considering a PTSD claim, there are steps you can take now to protect your case and improve your chances of receiving fair compensation.
- Seek medical help promptly: A diagnosis from a GP, psychologist, or psychiatrist is essential. Don’t delay—even if symptoms feel manageable at first.
- Keep a daily log or journal: Record your symptoms, how they affect your sleep, work, relationships, and mental wellbeing. These details help demonstrate impact over time.
- Gather supporting documents: Accident reports, Garda statements, medical records, and therapy notes can all help confirm your story.
- Retain proof of financial losses: Payslips, sick leave letters, medication receipts, and therapy invoices are critical for calculating special damages.
- Talk to a solicitor before speaking to insurers: Insurers may ask for statements early—having legal guidance ensures your claim is presented correctly from the start.
Every claim begins with a clear picture. The more evidence you collect early on, the easier it is to build a strong and credible case.
Frequently Asked Questions
Can I bring a claim if I witnessed a traumatic event but wasn’t injured?
Yes, it’s possible to claim for PTSD even if you weren’t physically harmed. If you witnessed a traumatic incident—such as a serious accident or fatality—and developed PTSD as a result, you may qualify as a “secondary victim.” These cases are legally complex but valid under Irish law when certain criteria are met, including proximity to the event and a recognisable psychiatric diagnosis.
Do I need a formal diagnosis to start my claim?
Yes. A diagnosis from a qualified medical professional, such as a GP, psychologist, or psychiatrist, is essential to pursue a PTSD claim. Without documented confirmation of the condition and its connection to the triggering event, PIAB or the courts will not assess the claim.
What if my symptoms started long after the incident?
You can still bring a claim. The two-year time limit typically starts from the date you became aware that your symptoms were related to a past event. Delayed onset PTSD is common, and Irish law recognises this by allowing claims from the “date of knowledge.”
Can I make a claim for PTSD caused by workplace bullying or harassment?
Yes, if the trauma is severe, ongoing, and supported by medical evidence. Employers have a duty of care to prevent psychological harm in the workplace. If this duty was breached, and it led to a diagnosis of PTSD, you may have grounds for a claim.
Can family members claim if they develop PTSD after a loved one’s trauma?
Possibly. Irish courts assess such claims carefully. If you witnessed the incident or its immediate aftermath and suffered significant psychological harm, a claim may be viable with proper legal support.
Speak with a Solicitor Who Understands Trauma Claims
PTSD is a deeply personal experience that can affect every part of your life. If you’re living with trauma caused by someone else’s negligence, you deserve to be heard and supported by a solicitor who understands both the emotional and legal sides of your situation.
At John O’Leary Solicitors LLP, we’ve helped people across Dublin and Tallaght pursue compensation for serious psychological injuries. We approach every PTSD claim with care, discretion, and the time it deserves. From the moment you contact us, you’ll deal directly with a solicitor who will listen to your story, explain your rights in plain English, and guide you through the process at your pace.
We won’t rush you. We won’t overwhelm you with jargon. And we certainly won’t treat you like a file on a shelf.
If you think you may have a claim, get in touch for a confidential consultation. We’ll help you understand your options and take the next step when you’re ready.
Phone: 01-4271000
Email: info@johnolearysolicitors.com
Office: Main Street, Tallaght Village, Dublin 24