Witnesses to an accident may have a potential claim for what is called nervous shock.
This arises in respect of a third-party claim, where a Plaintiff witnesses the injury/fatal injury/ the aftermath of an injury and as a result develops a reactive psychiatric illness.
The Supreme Court in their judgement in Kelly -v- Hennessey, laid down a number of factors the court considers when deciding on cases of nervous shock. They are the following:
- Has he or she has suffered a recognisable psychiatric illness?
- Has the illness been shocked induced?
- Has nervous shock been caused by the Defendant’s act or omissions?
The plaintiff must also prove the following:
- The nervous shock must be by reason of actual or apprehended physically injury to the Plaintiff or a person other than the Plaintiff.
- The Plaintiff must show the Defendant owed him or her a duty of care not to cause him or her unreasonable foreseeable injury in the form of nervous shock
If you have been affected by this, please do not hesitate to contact us on contactus@powderlysolicitors.ie