At what stage does a Claim for Personal Injuries in respect of Nervous Shock become statute-barred? (for further information on the Statute of Limitations and actions becoming statute-barred, see Morgan McManus website page – https://www.morganmcmanus.com/litigation/statute_of_limitations.html ). Is it 2 years from the date of the accident or 2 years from the date on which the claimant realized that they were suffering from a recognized psychiatric injury as a result of a medical diagnosis?
In the High Court case of McCoy –v-Keating, IEHC 260 (28 June 2011), Mr J McGovern ruled that the 3 Plaintiffs, who claimed that they had suffered from Post Traumatic Stress Disorder (PTSD) as a result of their experiences when attending at the scene of a road traffic accident where they witnessed the deaths of their relatives, should have issued Proceedings within 2 years of the fatal accident and not 2 years after the issue of medical reports some months after the accident when their Psychiatrist issued his opinion that they were suffering from PTSD.
While it must be acknowledged that Mr J McGovern did stress that his decision was based on the specific circumstances of the case and the particular medical histories of the Plaintiffs (where 2 of them had previously suffered mental illnesses) this case is yet another example of the fact that Plaintiffs should not delay in submitting their Claims to Injuriesboard.ie and in turn through the Civil Courts where they have suffered personal injury as a result of an accident.
Particularly in the Republic of Ireland, where the compensation . It is usually three years for personal injury cases in Northern Ireland and two years for personal injury cases in the Republic of Ireland and six years for other claims. After this time, you are very unlikely to be able to make a claim, although there are exceptions to this. Your solicitor will advise you about the limitation period that applies in your particular case. This is a good reason for seeing a solicitor as soon as you think you may have a claim for compensation.</p> ">limitation period has been reduced from 3 years to 2 years for the issuing of Proceedings, a Plaintiff should ensure to instruct their solicitor as soon as possible so that Medical reports may be obtained without delay and Claims submitted in due time.