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PTSD

  • 23-11-2011 1:06pm
    #1
    paky
    Banned (with Prison Access) Posts: 2,138 ✭✭✭


    Is it possible to make a fresh claim for a mental injury suffered as the result of an accident which took place 10 years ago? I know in tort law that there is a four year window where a claim must be made but if somebody already claimed for whiplash in a car accident but then developed PTSD down the line how long would they have to claim for the mental injury?


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    i think in that case it would be two years from the date of discovery of the disorder. I'm open to correction though.


  • #3
    paky
    Banned (with Prison Access) Posts: 2,138 ✭✭✭paky


    MagicSean wrote: »
    i think in that case it would be two years from the date of discovery of the disorder. I'm open to correction though.

    so an individual who is diagnosed with ptsd 10 years after a car accident has 2 years to make a claim for that injury? cheers mate


  • #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    paky wrote: »
    so an individual who is diagnosed with ptsd 10 years after a car accident has 2 years to make a claim for that injury? cheers mate

    Afaik it's not that simple. My tort classes where a long time ago but I think it might be from the date when the symptoms first manifested clearly. I'm sure someone can clear it up. You are best to go to a solicitor though. As soon as possible.


  • #5
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Civil liability and Courts Act 2004 sets PI claims at 2 years now. There is an element of discoverability stemming from the 1990 limitations act, that is actual or constructive knowledge of the injury.

    The clock wouldnt begin from the time you were diagnosed but rather the time in which you suspected there would be something wrong. Thats just what the legislation says though so dont take that as solid advice because its not legal advice.


This discussion has been closed.
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