Losing a loved one is a devastating experience. The grief is compounded when the death is sudden, unexpected, and caused by the reckless actions of another. For Vera Lynch, the mother of Stephen Lynch, a fatal hit-and-run incident in 2017 began a long and difficult journey for justice. Recently, the High Court awarded her €130,000 in damages for the nervous shock she suffered following her son’s death.
This case highlights the profound emotional and psychological impact such tragedies have on families. It also sheds light on the legal avenues available to those who suffer not just physical injury, but severe mental distress as a result of a traumatic event involving a loved one. At HOMS Assist, our personal injury solicitors have over 50 years of experience providing compassionate and expert legal support to clients navigating these complex situations.
The Case of Stephen Lynch
On April 13th, 2017, Stephen Lynch was fatally struck by a silver Ford Focus at Brookwood Close in Tallaght. He tragically died at the scene. His mother, Vera Lynch, subsequently brought a civil action for nervous shock against the car’s owner, Otis Reynolds, and his brother, Dean Reynolds, who held a temporary insurance policy for the vehicle.
Navigating a Complex Legal Battle
The case presented several legal challenges. Neither of the Reynolds brothers defended the action, leading to a judgment being granted against them in January 2022. A significant dispute then emerged between the insurer, Axa, and the Motor Insurers’ Bureau of Ireland (MIBI) regarding who was driving the car at the time of the incident. The identity of the driver was crucial for determining who was liable to pay the damages.
Both brothers were subpoenaed to give evidence but largely refused to answer questions, citing their right to avoid self-incrimination. After careful consideration of the evidence, Mr Justice Tony O’Connor determined that Dean Reynolds, the insured party, was likely the driver. The judge also noted that Otis Reynolds was aware of the serious consequences of driving without insurance and pointedly “discounted any lingering suggestion that the vehicle was stolen”.
This judgment paved the way for the court to assess the damages owed to Mrs Lynch for the profound psychological distress she endured.
Understanding Claims for Nervous Shock
A “nervous shock” claim is a specific type of personal injury claim. It allows an individual to seek compensation for a recognised psychiatric illness that was caused by witnessing a shocking event or its immediate aftermath. It is not a claim for grief or sorrow, but for a medically diagnosed psychological injury resulting from the trauma.
For a nervous shock claim to succeed, several key elements must be established:
- A Close Relationship: The person making the claim (the plaintiff) must have a close, loving relationship with the primary victim of the accident.
- Proximity to the Event: The plaintiff must have been present at the scene of the accident or witnessed its immediate aftermath.
- Sudden Shock: The injury must be the result of a sudden and shocking event, rather than a gradual realisation of what happened.
- Recognised Psychiatric Illness: The plaintiff must be diagnosed with a recognised psychiatric condition, such as Post-Traumatic Stress Disorder (PTSD), by a medical professional.
In Mrs Lynch’s case, the court recognised the immense trauma she experienced, leading to the significant award of €130,000.
What to Do After a Road Traffic Accident
Road traffic accidents can be chaotic and distressing. Knowing what steps to take immediately afterwards can protect your health and support any potential legal claim.
- Ensure Safety: If possible, move to a safe location away from traffic.
- Contact Emergency Services: Call the Gardaí and an ambulance immediately, especially if there are injuries.
- Exchange Details: Swap names, addresses, and insurance information with the other driver(s) involved.
- Gather Evidence: Take photos and videos of the accident scene, vehicle damage, and road conditions. Note the contact details of any witnesses.
- Seek Medical Attention: Even if you feel uninjured, it is crucial to see a doctor. Some injuries are not immediately apparent and can develop later.
- Inform Your Insurer: Report the incident to your own insurance company as soon as possible.
- Seek Legal Advice: Contact an experienced personal injury solicitor to understand your rights and the next steps for making a claim.
How HOMS Assist Can Help
Navigating the aftermath of a fatal road accident is an overwhelming process. At HOMS Assist, we provide the expert legal guidance and compassionate support you need during this incredibly difficult time. Our dedicated personal injury team helps clients across Ireland from our offices in Dublin, Limerick, and Cork.
We understand the complexities of claims involving uninsured or unidentified drivers and can guide you through the process of seeking compensation from the MIBI. Our goal is to handle the legal burdens with the highest standard of care, allowing you and your family to focus on healing.
If you have lost a loved one or suffered an injury in a road traffic accident, you are not alone. Let our experience work for you.
