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The High Court awarded the plaintiff €130,000 in general damages for severe post-traumatic stress disorder (PTSD) arising from witnessing the aftermath of her son’s fatal injury in a deliberate road traffic incident. The court accepted medical evidence that the plaintiff’s psychiatric condition, which had attenuated over time but would likely be lifelong, was a result of nervous shock caused by the incident and subsequent traumatic experiences, including delays in the investigation. The insurer was found liable to compensate the plaintiff, as it was proven on the balance of probabilities that its policyholder was driving the vehicle at the time, while claims for aggravated damages against the insurer were refused due to lack of evidence of exacerbation by the insurer’s conduct.
personal injuries claim – nervous shock – post-traumatic stress disorder – road traffic incident – fatal accident – psychiatric injury – damages assessment – motor insurance liability – balance of probabilities – default judgment – medical evidence – RSC – insurance policy – unlawful killing – aggravated damages
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