Victims of a personal injury can be compensated for emotional distress. The distress can stem from the stress of financial burden, sleep loss, depression, fears or phobias developed because of a personal injury.
Suffering a personal injury can be a profound experience, and in some cases, even life changing. If the injury was not your fault, then there’s a strong chance that you deserve to be compensated for any emotional distress or lasting psychological impact.
If an injury was foreseeable by the defendant, the victim has grounds to sue for the emotional distress caused by that injury. In addition, a certified mental health professional must recognize the distress and connect it to the original injury.
In 1978, Andrews v. Grand & Toy Alberta established the precedent for how much compensation can be paid for pain and suffering, including for psychological distress. In this case that went before the Supreme Court of Canada, the victim was struck by the car of a negligent driver and rendered a quadriplegic. How could the court fully compensate a young man whose life was destroyed by a personal injury of this magnitude? He would never work again and require care for the rest of his life.
The court capped awards for pain and suffering at $100,000. With inflation, the amount is now $350,000.
Anyone Can Sue for Anguish
In Canada, urging the courts to award compensation for psychological damages has been common for some time. Despite the regularity, it is still a challenge for a plaintiff to prove. As with any litigation, there are always two sides with opposing opinions. When the topic is mental health, it makes coming to a reasonable decision that much harder.
A 2014 article published in Maclean’s, illustrates how claiming psychological impact has become part of the strategy for both plaintiffs and defendants. The author focuses on several egregious claims made by defendants against the victims whom they had wronged. For instance, a motorist sued the family of a young boy she hit with her car. Another case involved a woman who sued a grocery co-op for defaming her character after they banned her when she was caught shoplifting.
As awareness of mental health increases, the courts will follow suit.
Do You Have a Case?
Under Canadian tort law, a person can sue another for bodily harm or property damages. Psychological impact falls under bodily harm, therefore if you have endured emotional distress from the actions of another person, you might have a case. A personal injury lawyer can help you understand if it is in your best interest to proceed.
The psychological impact caused by an injury can be tough to prove, and can involve elements that are invisible to the untrained eye. In the aftermath of a personal injury, try documenting your distress and how it is affecting your life. Working with a mental health professional can help you deal with your distress and help strengthen your case.
Be thorough, document everything and seek the assistance of medical and legal professionals.
The psychological ramifications from a personal injury can be:
In the aftermath of a personal injury, experiencing any of the above means you could be entitled to compensation for pain and suffering.
It’s hard to assign a dollar figure to psychological damages. If successful, you could be compensated for:
Having a personal injury lawyer in your corner, means having a partner who will fight for your right to be compensated for any psychological impact you endured.
Do You Need a Personal Injury Lawyer?
If you’ve experienced psychological trauma based on someone else’s actions or negligence then you are protected by the law. You are just as entitled to compensation for the emotional impact caused by a personal injury as you are for the physical impact.
At Mackesy Smye, our personal injury lawyers have worked tirelessly to get compensation for many who have suffered the psychological impact following a personal injury.
Contact us for a free consultation using our confidential online form, or call 855-315-9837.
Determining compensation for psychological impacts due to personal injuries is a complex issue, contact us today at 1-855-315-9837, or use our secure online form, we can help.
This legal article gives you all you need to know about finding a personal injury lawyer in Ontario. And tells you how to make sure you find the best lawyer for your case. We provide great resources to help you do your research too. You only get one shot at this, so we want you to do it right.Read Article
If you are using Airbnb to find accommodations, you need to understand what happens in the event of a slip, trip or fall. Read this post to learn more about the legal framework that Airbnb provides to its users, and where hosts and guests should exercise more caution.Read Article
If you are suffering mental anguish caused by someone else’s action or negligence, you can seek damages. Carefully read this post to learn more about mental anguish and how plaintiffs can seek damages from the defendant.Read Article
If you have been injured in an extreme sporting activity in Ontario, but have signed an injury waiver you need to read this article to learn about risky activity waivers, and what legal options participants have in the event of an injury.Read Article
Have you been hurt in a motor vehicle accident and are seeking damages? Read this post to better understand how in Ontario, victims of motor vehicle accidents must determine who was legally responsible for any injuries or damages sustained.Read Article
Whether you are liable or seeking compensation for damages, a slip and fall case can cost tens of thousands of dollars. Know the law and costs of initiating a case, working with a Hamilton personal injury lawyer, and going to court to determine if a trial or settlement works best. Read this post to learn more.Read Article