Can I claim for psychological injury without physical harm?

What the Law Says

The Civil Liability Act 1961 is the key statute governing personal injury claims in Ireland, including those for psychological harm. While it does not explicitly define rules for pure psychiatric injury, Irish courts have interpreted liability for such injuries through common law principles — all operating within the framework established by this Act.

Under Irish law, you cannot claim for psychological injury alone (often called 'nervous shock') unless you fall into one of two narrow categories: you are a 'primary victim' — meaning you were directly involved in the incident and reasonably feared for your own safety — or a 'secondary victim', who witnessed a traumatic event involving a close family member and suffered psychiatric illness as a result.

The Civil Liability Act 1961 does not contain specific provisions on psychological injury, but section 2 affirms that liability in tort (including negligence) remains governed by existing common law principles — which the courts have since developed to limit recovery for pure psychiatric harm.

To succeed as a secondary victim, you must prove: (1) a close tie of love and affection with the primary victim; (2) proximity in time and space to the event or its immediate aftermath; and (3) that you perceived the event with your own unaided senses — i.e., you saw or heard it happen, not learned about it later.

Statutory Text

Nothing in this Part shall affect the law relating to liability in tort.

— Civil Liability Act 1961, s. 2 — Interpretation

What to Do

Sources