Not All Injuries Are Visible 

When people think of personal injury claims, they often picture broken bones, whiplash, or physical trauma. But the reality is, many accidents leave behind invisible wounds—such as anxiety, post-traumatic stress disorder (PTSD), or depression. 

Whether you were involved in a serious road traffic accident, injured at work, or experienced a traumatic event in a public place, the emotional toll can be just as damaging as any physical injury. At Martin A. Harvey & Co., we frequently help clients pursue compensation for psychological injuries resulting from someone else’s negligence. 

In this blog, we break down when and how psychological injuries can form the basis of a personal injury claim in Ireland—and how to protect your rights if you’ve been affected. 

What Are Psychological Injuries in Legal Terms? 

Psychological or psychiatric injuries refer to mental and emotional harm suffered as a result of an accident or incident. These may include: 

• Post-Traumatic Stress Disorder (PTSD) 
• Anxiety or panic attacks 
• Depression 
• Sleep disturbances or nightmares 
• Emotional distress or loss of enjoyment of life 

These conditions can severely impact your ability to work, maintain relationships, and carry out everyday tasks. Like physical injuries, they may be short-term or long-lasting. 

Can You Claim for Psychological Injuries in Ireland? 

Yes, you can make a personal injury claim for psychological injuries in Ireland—provided you can demonstrate that: 

1. The injury was caused by another party’s negligence or wrongdoing, and
2. The injury has been diagnosed by a qualified medical professional, such as a GP, psychologist, or psychiatrist. 

These types of claims are recognised by the Personal Injuries Assessment Board (PIAB), and the courts, although they are often more complex to prove than physical injuries. 

Common Scenarios That Lead to Psychological Injury Claims 

1. Serious car accidents, even where physical injuries were minor. 
2. Workplace accidents, especially in high-risk industries. 
3. Witnessing a traumatic event, such as a colleague being injured or killed. 
4. Being the victim of a violent act, such as an assault at work or in a public place. 
5. Bullying or harassment in the workplace, leading to stress, anxiety, or burnout. 
6. Medical negligence, where emotional trauma follows a misdiagnosis or poor treatment outcome. 
7. What Evidence Do You Need to Support a Claim? 

Because psychological injuries are not always outwardly visible, strong medical and supporting evidence is key. 

Essential evidence includes: 

1. Medical reports from your GP, psychologist, or psychiatrist detailing your diagnosis, treatment, and prognosis. 
2. A personal injury assessment submitted to PIAB (usually supported by Form B from your medical practitioner). 
3. Proof of the incident, such as accident reports, Garda records, or CCTV footage. 
4. Witness statements, if others observed the event or its impact on you. 
5. A personal journal or record detailing how the condition affects your daily life, work, sleep, and relationships. 
6. Receipts or invoices for therapy, medication, or related medical expenses. 

How Compensation Is Calculated for Psychological Injuries 

Compensation is generally broken down into two categories: 

1. General Damages – for pain, suffering, and impact on quality of life.
2. Special Damages – for out-of-pocket expenses such as therapy, prescriptions, or loss of income due to time off work. 

The Judicial Council’s Personal Injury Guidelines provide benchmark compensation ranges based on the severity of the psychological injury—from minor anxiety to severe PTSD. 

Do You Need a Physical Injury to Claim? 

Not necessarily. However, it is often easier to claim psychological injury alongside a physical one, as the link to the incident may be more straightforward. 

In some cases—such as workplace bullying or psychological trauma from witnessing a tragic event—you can claim for emotional or psychiatric injuries without physical harm, but these claims tend to be more complex and require strong, independent medical evidence. 

How Long Do You Have to Make a Claim? 

The standard time limit for bringing a personal injury claim in Ireland is two years from the date of the accident or the date of knowledge (when you first became aware of the injury). It’s important to speak to a solicitor as soon as possible to avoid running out of time. 

Why Legal Advice Is Essential in Psychological Injury Claims 

Psychological injury claims can be more challenging to prove than those involving physical harm. Insurance companies may downplay or question the seriousness of emotional trauma, and additional medical opinions may be required. 

At Martin A. Harvey & Co., we will: 

1. Help you collect and present strong medical evidence 
2. File your PIAB application correctly and on time 
3. Negotiate a fair settlement on your behalf 
4. Represent you in court if necessary 

We approach these sensitive cases with discretion, care, and professionalism always putting your well-being first. 

Conclusion: Don’t Suffer in Silence 

If you’ve suffered psychological trauma after an accident, you don’t have to carry that burden alone. Emotional injuries are real, and the law recognises your right to seek compensation. 

At Martin A. Harvey & Co., we’re here to guide you through the claims process with empathy and expertise. We’ll listen to your story, assess your case, and help you take the next steps towards justice and recovery. 

Get in touch today for a confidential, no-obligation consultation. 

+353-(0)21-4963400 

maharvey@martinharvey.ie