Injuries aren’t always on the outside. Sometimes we suffer psychological injuries, but suing for emotional distress isn’t easy.
Emotional injuries can lead to serious consequences that can last for the rest of your life. It’s not fair that you suffer when someone else’s negligence caused your pain.
In Ontario, emotional pain and suffering lawsuits allow one party to sue another if they have suffered mental pain from that party’s actions. More specifically, if someone else’s negligence caused a physical accident from which you are now suffering mentally, they are liable. So if you’ve been suffering, it doesn’t need to be in silence.
Here is everything you need to know about suing for emotional distress.
Emotional distress, or psychological injury, occurs when an injury in the mind has caused serious enough damage to result in a psychiatric illness. The emotional injury develops after a negligent act, such as a car accident or a slip and fall, which then develops into a mental illness.
Here are some common types of psychological injury:
In some cases, traumatic brain injury counts as well. Your brain is a serious aspect of your overall functioning, and just because you can’t see an injury doesn’t mean it’s not there.
Emotional distress can happen when you suffer a serious car accident or other injury caused by negligence that has disrupted and changed your life. And if you don’t seek compensation, you’ll never be able to move on.
Psychological injuries sometimes never go away, and can have long-term effects.
One of the biggest consequences of emotional pain and suffering is a decrease in quality of life. These types of injuries can prevent you from doing the daily tasks you were comfortable with before the incident.
For example, if you’re in a serious car accident, you could suffer from serious anxiety the next time you have to get behind the wheel.
In this situation, you could become uncomfortable and stressed when you have to drive a vehicle, causing a disruption to your daily commute, picking your children up from school, or driving to other events. The stress from this anxiety could also cause you to lose sleep at night, resulting in insomnia.
In order to sue another party for emotional distress, the case must meet one of two main factors.
Essentially, you need to be able to prove that the defendant knew that their actions could cause your injury, or that their actions were serious enough to develop into a recognized mental illness.
You also need to be able to prove that their act of negligence, whether it was a hit and run or a slip and fall at work, directly caused your psychological illness.
Under Canadian tort law, you can hold another individual accountable for damage to your body or your property. Emotional distress counts as bodily damage.
You could be eligible to gain compensation for pain and suffering, loss of employment or income, medical bills, child care costs, and/or caregiver fees.
Emotional distress at work is a serious issue, as it impacts your overall work experience and can lead to negative aspects in other areas of your life. There are many ways you could suffer in the workplace.
If your employer is negligent and causes the conditions of your accident, you could have a case. This could be due to your employer’s inability to take proper safety measures, such as not hiring enough security or failing to ensure that proper maintenance procedures are being regularly used.
Essentially, if your employer does something that causes you a physical injury that results in a mental illness, you can sue. You can’t sue your employer for being mean to you, but you can sue them if they’ve been negligent resulting in an injury on your part.
Talk to your lawyer to see if you qualify for an emotional distress lawsuit.
Sexual abuse and physical assault is a common cause for emotional pain and suffering. When someone physically attacks you, they are being negligent toward your well-being, and this can cause serious emotional distress on top of the physical injuries you’re already facing.
If you’ve suffered sexual assault, you can sue your attacker both in a criminal suit and a civil suit. In a civil suit, you can obtain compensation for emotional distress, as well as any physical pain and suffering.
In Canada, emotional pain and suffering amounts for sexual assault cases tend to range between $125,000 and $275,000. This depends on the individual situation.
Our team of personal injury lawyers in Toronto works with Ontario’s top medical specialists and experts. These industry professionals offer strong testimonials and medical witnesses for our clients.
We understand the nature of psychological injuries and the long-term impact they can have on the victim. We’ve dealt with these cases before, and have seen the struggle the victims, and their families, go through.
That means we know how to handle your case and know what you deserve. We’ll build you a strong case and get the right professionals on your side.
Contact us when you suffer emotional distress because we have the right experience and passion to get you compensation. We care about your well-being and we take you seriously.
Here are some important things you need to know when you get ready to take legal action and get the best settlement possible.
Firstly, make sure you are following the statute of limitations in Ontario. In most personal injury cases, you have 2 years from the date of the incident to file your claim.
Next, you need to gather your evidence. Physical injuries are a little easier to prove because you can see them. But it’s not impossible to prove a psychological injury. Since your psychological injury is directly caused by a physical accident and negligence, this evidence will still help your case.
Collect medical records, prescriptions, and written testimonials from friends, family, or co-workers. This will help build your case and offer proof that your emotional situation has changed.
It helps when you can provide specific examples of how your emotional distress is interrupting your life. Instead of just stating that you’re having trouble sleeping, explain why.
For example, if you’ve suffered mental trauma from a serious car accident, you might get severe anxiety when you get behind the wheel, which subsequently impacts your ability to drive to work and comfort when driving.
Conte & Associates are here to help you with your claim. Don’t try to navigate this complicated situation alone, and let the experts get you the right support.
When you suffer a psychological injury, don’t suffer in silence. Get the compensation you deserve and start your road to a better life.
Book a free, no-obligation consultation right now and talk to one of our lawyers. Accidents can change your life, but we can change the outcome.