Personal injury cases often include compensation for emotional distress and recognizing the psychological suffering victims experience after an accident.
Emotional distress can arise from anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health challenges resulting from someone else’s negligence.
A skilled Ontario personal injury lawyer can effectively pursue the compensation you deserve for emotional distress and other damages. They will gather medical records, expert testimony, and personal documentation to prove the effects of your suffering.
An attorney will also negotiate with insurance companies or present a strong case in court to secure fair compensation for both emotional and physical damages, ensuring that justice is served.
Most Common Types of Personal Injury Cases that Result From Others’ Negligence
Personal injury cases arise when individuals are harmed due to someone else’s negligence. Negligence occurs when a person or entity fails to act with the level of care that a reasonable person would exercise in a similar situation.
Below are some of the most common types of personal injury cases that result from others’ negligence.
Car Accidents:
Car accidents are one of the leading causes of personal injury cases. These accidents often occur when drivers fail to obey traffic laws, drive recklessly, or operate a vehicle while distracted or impaired.
Common causes include speeding, running red lights, texting while driving, and drunk driving. Victims may suffer severe injuries such as broken bones, spinal cord damage, or traumatic brain injuries.
Slip and Fall Accidents:
Slip and fall cases often occur on properties where the owner has failed to address hazardous conditions. Examples include wet floors, icy sidewalks, loose carpeting, or poorly lit stairways.
Property owners have a duty to maintain safe premises, and when they neglect this responsibility, individuals can suffer significant injuries like fractures, sprains, or head trauma.
Pedestrian and Bicycle Accidents:
Negligent drivers also pose a threat to pedestrians and cyclists. These accidents typically happen when drivers fail to yield at crosswalks, drive distracted, or fail to check for cyclists when turning or merging.
Because pedestrians and bicyclists have little protection, they are at higher risk for serious injuries, including head injuries, broken bones, and internal trauma.
Dog Bites:
Dog owners are often held responsible if their pet attacks someone. A dog bite can lead to painful injuries, infections, and even permanent scarring. These cases often arise when owners fail to properly secure their animals or fail to warn others of their dog’s aggressive tendencies.
Workplace Accidents:
While some workplace injuries fall under workers’ compensation, there are situations where third parties are negligent. For example, a delivery driver, on duty, may be injured because of another driver’s recklessness.
In each of these cases, victims can seek compensation for their injuries, including lost income, emotional distress, and pain and suffering. A qualified personal injury lawyer will help victims navigate the legal process and hold negligent parties accountable.
Most Common Injuries That Lead to Emotional Distress
Accidents resulting from others’ negligence often result in physical injuries, but they can also leave victims struggling with emotional distress. Emotional distress refers to the psychological pain and suffering that arises from a traumatic experience.
Several types of injuries commonly sustained in car accidents, slip and falls, pedestrian or bicycle collisions, dog bites, and workplace accidents may lead to emotional distress.
- Traumatic Brain Injuries (TBI): Head injuries, including concussions and TBIs, are common in car accidents, slips and falls, and pedestrian collisions. These injuries can disrupt brain function, leading to long-term cognitive challenges, memory loss, and emotional instability. Victims may experience anxiety, depression, and mood swings due to changes in their mental health.
- Spinal Cord Injuries: Injuries to the spine, including paralysis or chronic back pain, are devastating physical conditions that often result from car crashes or workplace accidents. These life-altering injuries can lead to feelings of hopelessness, anger, or isolation, especially if the victim loses their mobility or independence.
- Disfigurement and Scarring: Severe injuries from dog bites or burns in workplace accidents can result in permanent scarring or disfigurement. Victims may experience self-esteem issues or social anxiety, fearing judgment or rejection due to their appearance. Emotional distress can occur if the disfigurement affects the face or other visible areas.
- Broken Bones and Chronic Pain: While broken bones eventually heal, they often leave victims with lingering pain or mobility issues. In cases of prolonged recovery or permanent physical limitations, victims may feel frustration and emotional exhaustion. This is particularly true for individuals whose injuries prevent them from returning to work or engaging in hobbies.
- Post-Traumatic Stress Disorder (PTSD): PTSD is a serious condition that can develop after any traumatic accident, particularly car crashes, dog attacks, or workplace incidents. Symptoms include flashbacks, nightmares, and a persistent fear of similar situations. For example, a car accident victim may avoid driving, while a dog bite survivor may become fearful of animals.
Injuries that cause emotional distress can have lasting effects, affecting a person’s quality of life. Handling these psychological challenges often requires professional therapy, emotional support, and financial compensation to help victims recover and rebuild their lives.
How to Prove Emotional Distress in a Personal Injury Case
Emotional distress refers to the mental suffering and anguish that a person experiences due to an accident resulting from someone else’s negligence. To prove this type of harm, victims must provide evidence that connects their emotional suffering to the incident.
Below are ways to prove emotional distress and the types of evidence that can strengthen a case.
Types of Evidence for Proving Emotional Distress
Documentation from healthcare providers is one of the most reliable forms of evidence. If a victim has sought treatment from a psychologist, psychiatrist, or counselor, these records can confirm the presence of anxiety, depression, PTSD, or other mental health conditions resulting from the accident.
An expert witness, such as a licensed therapist or psychiatrist, can explain how the victim’s emotional distress resulted from the accident. Their professional opinion can carry significant weight in court or during settlement negotiations.
The victim’s own statement is also critical. Describing how the accident has affected their daily life, relationships, and emotional well-being can make the suffering more relatable and understandable. A detailed journal or diary documenting emotional struggles over time can also support the claim.
The people closest to the victim can also provide valuable insight into the emotional changes they have observed. For example, a spouse may testify about the victim’s mood swings, difficulty sleeping, or loss of interest in activities they once enjoyed.
Emotional distress often manifests in physical symptoms, such as headaches, fatigue, or weight changes. Evidence from medical professionals linking these symptoms to the accident can further strengthen the victim’s claim.
Evidence showing significant changes in the victim’s lifestyle can also support a claim for emotional distress. For instance, if you cannot work, socialize, or participate in hobbies due to fear or anxiety, your lawyer can demonstrate how deeply the accident affected you.
By presenting this evidence, a victim can establish the severity of their emotional distress and how it has affected their life and well-being, improving their chances of obtaining fair compensation.
How an Experienced Personal Injury Lawyer Can File an Emotional Distress Claim or Lawsuit on Your Behalf
Filing an emotional distress claim or lawsuit can be a complicated process, but a knowledgeable personal injury attorney can handle everything on your behalf.
Emotional distress claims seek compensation for mental suffering resulting from someone else’s negligence. Below are the steps a lawyer typically follows to file and pursue such a claim.
Step 1: Evaluating the Case
The personal injury lawyer will start by reviewing your case to determine if emotional distress is a valid claim. They’ll assess how the accident or occurrence caused your mental suffering and whether it is significant enough to pursue compensation.
Common examples include anxiety, depression, post-traumatic stress disorder (PTSD), and emotional trauma resulting from the event or injuries.
Step 2: Gathering Evidence
Your attorney will gather the evidence needed to prove emotional distress. This may include medical records from therapists or psychologists, testimony from mental health experts, and documentation of physical symptoms related to emotional suffering, such as headaches or insomnia.
Your lawyer will also collect personal testimony from you and statements from friends or family members about how the event affected your life.
Step 3: Calculating Damages
Your lawyer will also calculate the damages you are entitled to for emotional distress. These can include lost income due to emotional difficulties and compensation for pain and suffering. They’ll also consider the severity and duration of your emotional trauma when determining the value of your claim.
Step 4: Filing the Claim or Lawsuit
Once the evidence is ready, your attorney will file the claim with the at-fault party’s insurance company. If the insurer denies the claim or offers an unfair settlement, your lawyer can file a lawsuit on your behalf in civil court.
Step 5: Negotiating a Settlement
Your attorney will negotiate with the insurance company or opposing counsel to reach a fair settlement. They’ll use the evidence collected to demonstrate the extent of your emotional distress and its effect on your life.
Step 6: Representing You in Court (if needed)
If a settlement cannot be reached, your lawyer will represent you in court. They’ll present evidence, call witnesses, and argue your case before a judge or jury to secure the compensation you deserve.
By handling these steps, a skilled personal injury attorney can ease your burden and help you obtain justice for your emotional suffering.
Compensation You Can Recover for Emotional Distress
If you experience emotional distress due to an accident resulting from someone else’s negligence, you may be entitled to recover compensation for various types of damages in a personal injury claim or lawsuit.
Emotional distress refers to the mental suffering you experience, and the compensation you receive is meant to help you cope with these challenges and rebuild your life. Below are the main types of compensable damages for emotional distress.
Medical Expenses
Accident victims who experience emotional distress must often undergo mental health treatment or counseling. Through proper documentation, such as medical records and therapy bills, you can pursue damages alongside compensation for your physical injuries and related expenses.
Pain and Suffering Damages
You can receive compensation for pain and suffering damages. These are the most common for emotional distress. This compensation addresses the mental anguish, anxiety, depression, and trauma resulting from the accident.
For example, if you develop post-traumatic stress disorder (PTSD) after a car accident, claiming pain and suffering damages can compensate you for the mental hardship and disruption to your daily life that you experience.
Loss of Life Enjoyment
In some cases, emotional distress may prevent you from enjoying activities or hobbies you once loved. For example, fear or anxiety resulting from an accident can make it difficult for you to engage in social activities or travel.
Compensation for loss of life enjoyment addresses this effect on your overall well-being.
Lost Income and Reduced Earning Capacity
If emotional distress affects your ability to work, you may be entitled to recover lost income. Additionally, if the trauma results in long-term or permanent difficulty maintaining employment, you can seek compensation for reduced earning capacity.
Punitive Damages
In rare cases, punitive damages may punish the at-fault party for their careless misconduct and extreme recklessness.
Recovering compensation for emotional distress requires strong evidence, including medical records, expert testimony, and personal documentation. A skilled personal injury attorney can build a strong case and maximize the compensation you recover.
Contact an Experienced Personal Injury Lawyer about Your Legal Matter Today
If you suffered injuries and experienced emotional distress after an accident due to someone else’s negligence, a knowledgeable personal injury attorney can help you. Your lawyer will file a timely claim or lawsuit on your behalf and pursue the emotional distress damages you deserve.
Contact a qualified personal injury attorney in your area immediately to determine your legal options.