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The answer to this question will vary depending on the circumstances of the accident. In particular, it will depend on the relationship between the witness and the person injured.

Of course, witnessing a distressing accident, such as a road traffic collision, workplace incident, or an accident in a public place, particularly where someone is seriously or fatally injured, can be extremely traumatic.

Psychological conditions such as post-traumatic stress disorder (PTSD), anxiety, depression, or sleep disturbances may arise as a result. These can be just as life-changing as physical injuries.

In Ireland, the law recognises that serious accidents can cause psychological trauma to those involved, including witnesses. This is also referred to as nervous shock claims or psychological injury claims.

However, there are legal requirements that must be met to claim compensation for these conditions.

Primary and secondary victims

In Ireland, the law makes a distinction between:

• Primary victims – those directly involved in an accident, for example a driver injured in a road collision.
• Secondary victims – those who witnessed the accident or its immediate aftermath but were not harmed physically.

The law allows both primary and secondary victims to make claims for psychological injury.

For both primary and secondary victims, they must be able to prove:

1. the psychological injury is medically recognised and diagnosed, and
2. that it was caused by the accident.

Additionally, secondary victims (those who witness an accident) must also be able to prove:

3. that the person who they witnessed being injured is a close family member, for example a child, sibling, or a parent.

Solicitor Elaine Hickey explains:

“It can be very difficult for a witness to successfully claim for nervous shock, if the person who was injured is not an immediate family member. Even if you witness an extremely traumatic incident involving another family member, such as an aunt, uncle or cousin, or even a close friend – the reality is that these cases are extremely challenging and difficult to bring home successfully”

“But, if it is a situation where, for example, a parent witnesses their child being injured in an accident, and the parent is subsequently diagnosed with a recognised psychological condition as a result, then yes, it would be possible to make a claim for compensation,” she adds.

Time limits

Like other personal injury cases in Ireland, psychological injury claims are generally subject to the two-year minus one day time limit, known as the Statute of Limitations. This time usually starts from the date of the accident.

Seeking support

If you or someone you know has been psychologically affected by witnessing an accident, the first step is always to seek medical support. Talking to a GP, counsellor, or psychologist can help with recovery. This also supports the case as it helps to demonstrate the level of injury suffered.

If you have suffered psychological harm as a result of witnessing a serious accident involving a close family member, contact us and tell us about your case today.

Our experienced team can review the details of your experience and advise on whether a case is possible.