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Statute of Limitations for PTSD

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  • 30-03-2020 5:53pm
    #1
    Elite Woad Raider
    Closed Accounts Posts: 77 ✭✭


    Hi


    Can you tell me if there is a limitation period for claims of nervous shock/ptsd?


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    #2
    Victor
    Registered Users Posts: 78,308 ✭✭✭✭Victor


    It would be the same as any other injury, which is normally 2-3 years from the incident. The plaintiff should have notified the defendant at or about the time of the incident.

    Exceptions would be made for those under the age of 18 years and possibly for others in exceptional circumstances. One has to ask if the exceptional circumstances might include the victims (initial) inability to see they are suffering from PTSD.

    If I'm correct the injuries board isn't dealing with such cases and they need to go to court, although many would be settled.

    I suggest you have a chat with a solicitor.


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    #3
    BattleCorp
    Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    I think a lot depends on the date of your diagnosis for PTSD (if you have one).

    Normally there is a two year statute limitation for personal injury claims for adults but in some cases, it can take more than two years for you to know that you have been injured.

    An example of this is with asbestos. Asbestos exposure can cause an illness called mesothelioma but it takes over 20 years before you know that you have it. That doesn't mean that you can't claim for your illness. If you are going to claim for mesothelioma, you need to claim within two years of your date of knowledge of the injury. In other words, the two year clock starts ticking from the date that you were diagnosed with mesothelioma. Now if you were diagnosed with mesothelioma 5 years ago, then you are probably too late to bring your claim.

    I would imagine that PTSD is somewhat similar. You may not be aware that you are suffering from it for a long time. If you are outside of the two year statute of limitations, you could argue that you didn't know about it and go from your date of diagnosis (if you have one). Again, like with my asbestos example, if you were diagnosed with PTSD 5 years ago, then you are probably too late to claim.


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    #4
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,715 Admin ✭✭✭✭✭hullaballoo


    Theres is definitely a debate to be had around the time limits for "claiming" for PTSD.

    The cause of the PTSD will be the guide, the date of knowledge is a tricky one because it is often a consideration of many different factors. The more likely relevant consideration is whether the plaintiff was under a disability that prevented them from having knowledge of the injury. This would be commonly argued between parties in PTSD cases.


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