Suing For Emotional Distress after an Accident or Injury
Emotional or psychological distress is often dismissed as inconsequential compared to physical injury. Most people don’t consider that emotional scars take longer to heal and can cause permanent mental health issues.
For example, an accident can cause victims to develop PTSD that lasts for a long time after the physical injuries have healed. Emotional distress has consequences and can compromise a person’s lifestyle.
That’s why we at Conte Jaswal encourage people to consider suing for their psychological impairments and getting proper compensation.
What are Psychological Injuries?
Psychological impairments is the suffering caused by an accident, injury, or any traumatic experience. Anyone that has experienced trauma during the event, including bystanders and relatives of the victims can file a civil lawsuit claiming emotional distress. A separate personal injury claim usually accompanies this lawsuit.
Is Suing for Psychological Impairment in Court Difficult?
Emotional distress is different compared to a physical injury because it is more difficult to prove. If you have a physical injury, you can show the wound and provide medical records to prove it. There’s no room to deny that the injury exists and the lawyers can only debate on the cause and liability.
The same is not the case with a psychological impairment. There isn’t any noticeable injury, which makes it difficult to prove that emotional distress exists. Different people react to traumatic situations differently. Some people don’t develop any mental anguish after traumatic situations while others can suffer from crippling anxiety.
That isn’t the only problem when it comes to proving mental anguish. Lawyers can easily debate that the victim is lying or that no such injury exists. This process requires a different approach and set of arguments.
Inexperienced lawyers don’t know which experts they need to approach, and that can hamper your chances of success. It would be best if you had lawyers that are experienced with psychological injury claims to argue your case and get the best compensation.
We have handled several cases of emotional distress and understand how they work. We collect all relevant information, gather experts, and make sure there’s undeniable evidence of psychological trauma.
Psychological Injury Symptoms
Despite advancements in mental health education, most victims and their family members fail to recognize signs of psychological injuries. Here are some things you need to be on the lookout for:
- General anxiety, especially connected to the injury-causing event. For example, if you were in an accident and are anxious about driving vehicles.
- Panic or anxiety attacks that are triggered by the memory of the incident or caused by something related to it.
- Moodiness and volatile temper that is often caused by severe psychological injuries.
- Crippling grief dues to losing a loved one- Etc.: if a person lost their spouse or parent because of someone else’s negligence, they could file for emotional injury.
- Depression and sleep disorders can also be considered psychological injuries.
If you or a loved one has experienced any of these symptoms after an accident or injury, you can include mental anguish to your lawsuit. We will provide a team of expert witnesses that can validate your trauma and ensure which will create a solid foundation for your claim.
What is the Process of Suing For Emotional Distress Canada?
The best way to approach this situation is to contact a qualified lawyer directly. The last thing you want is to be misdiagnosed and start the case on shaky ground. Here’s a look at what you can expect from our legal experts:
- Assessment – The first step is to assess the situation carefully and understand what is needed. Our lawyer will take notes on the circumstances surrounding the accident. We will examine the cause of the injury, your medical history, and other such factors. This allows us to develop a sound understanding of your requirements.
- Consulting with Experts – We then bring in qualified experts to determine your current state of health. The expert will provide a thorough consultation after several sessions with you. They will take the time to understand the extent of the trauma and determine what you need to recover fully from it. The experts will then give us a full report of how your mental anguish will impact the quality of your life and your professional capabilities.
- Building the Case – Once we have all the information needed, we start building the case. Our team will collect evidence from eye-witnesses, medical professionals, family members, and relevant parties. These pieces of evidence will paint a clear picture of your circumstances after the incident. They will show a logical progression of events, highlighting the severity of the trauma to ensure everyone in court understands it.
- Proving the Injury – One of the most challenging aspects of such cases is proving psychological injury. Our lawyers are experts in providing context so people can relate to your circumstances and place themselves in your shoes. This approach increases the chances of the case tilting in your favor.
Our experienced lawyers have won several psychological injury cases over the course of their careers and understand how to make the most out of the information provided. If you’re looking for reliable professionals to aid your cause, we can help.
Suing for Mental Anguish – Workplace Situations
Most mental anguish cases are based on the trauma caused by accidents, negligence, and assault.
Very few of them involve trauma caused in a workplace environment. Every employee has the right to a safe and healthy working environment. They have the right to be treated with respect and dignity by their colleagues and employers.
However, sometimes this doesn’t happen, which can lead to psychological impairments. Here are some workplace incidences that can lead to lawsuits:
- Being stalked and pursued by a coworker.
- Being abused and mistreated by managers. This can involve deliberately embarrassing employees in front of clients or superiors.
- Witnessing something hurtful and damaging like abuse of a fellow employee.
- Being forced to work outside your comfort zone. For example, if you’re a minority race person and are deliberately forced to work with a racist.
These are just some of the many situations that can cause acute mental distress. If you experience symptoms like lack of appetite, lack of sleep, lack of energy, mood swings, depression, listlessness, etc., you might want to consult with a medical professional to understand the cause.
It is difficult to determine what counts as workplace-related psychological trauma. There are many factors to consider while building a case. Our team will provide blunt, straightforward advice on the case so you can make the best decisions.
How Much Can I Sue For Psychological Impairment?
It is challenging to determine compensation for such cases because there are non-economic damages. Economic damages include loss of property, inability to work, impact on professional abilities, and more. Non-economic damages are psychological and can’t be quantified. You can discuss the situation with your lawyer and come up with a compensation amount that works for you. The cost can vary from case to case.
If you’re looking for more advice on the matter, don’t hesitate to contact us at Conte Jaswal. You can call us at our toll-free number 1.877.614.0008 as well. Our lawyers will provide excellent advice and help you get the compensation you deserve.
Contact us today for a FREE Consultation.