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Spousal Emotional Damages

  • 02-11-2015 12:56am
    #1
    Legal.question
    Registered Users, Registered Users 2 Posts: 2 ✭


    My spouse and infant child were involved in a serious RTA a number of years ago, only now are both cases being negotiated between senior counsels in the halls of the visiting high court. Other side 100% at fault.

    Without bringing too much emotion to a legal discussion forum, I've been gradually turning into a bit of a mess since the accident. Excess drinking being one of the main problems. I need to see a counsellor tbf. The RTA has directly affected my mental health and relationship with my spouse.

    So hopefully a simple question; can a spouse of a RTA victim sue for emotional damages?

    Thanks.


Comments

  • #2
    Atlantic Dawn
    Registered Users, Registered Users 2 Posts: 84,735 ✭✭✭✭Atlantic Dawn
    M


    Stop drinking first, you wont make proper decisions based on it.


  • #3
    Legal.question
    Registered Users, Registered Users 2 Posts: 2 ✭Legal.question


    Atlantic Dawn wrote: »
    Stop drinking first, you wont make proper decisions based on it.

    Intuitively. Would appreciate discussion on the questions at hand rather than personal advice. Thanks though.


  • #4
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    There is a cause of action for negligent infliction of emotional distress, but it's quite tightly drawn. Talk to a lawyer about whether you have a case.

    The plaintiffs in the case that is now settling are your wife and child but not, presumably you. So if you do have a claim, it won't be addressed in these proceedings. You'll have to launch your own proceedings. You should talk to a lawyer about whether, on the facts, you have a good claim and about whether you are out of time to bring it.

    I appreciate that you're not here for personal advice, but I would second what has already been said. If you are a victim of emotional distress, you will benefit from some support and counselling. Start with your GP; they should be able to steer you in the direction of people and agencies that can support you. This is much more important than the legal question you raise; no amount of money you might get by way of damages will alleviate your psychological injuries.


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