Did you know that Ontario law provides for compensation for invisible injuries such as soft tissue injuries, acquired brain injuries, and emotional distress caused by an accident? However, receiving fair compensation for these injuries can be challenging. That is where a personal injury lawyer can be helpful. They will guide you through the challenges of understanding and proving emotional distress under the law. These professionals are well versed in the intricacies of personal injury cases and can help guide you towards fair compensation.
Emotional Distress
Whether you have slipped and fallen, been in a car accident, or suffered a dog attack, you may be visibly and/or invisibly injured. The latter is harder to prove, but injury law in Ontario accepts it as a category of damages that can occur as the result of an accident.
Emotional distress is one of these invisible damages. It may or may not be related to physical pain incurred during your accident, but it IS related to your accident.
Emotional distress can manifest as:
- Anxiety and depression
- Post-traumatic stress disorder (PTSD)
- Sleep disturbances, including nightmares and trouble falling or staying asleep
- Changes in personality or behaviour, including isolation and suicidal thoughts
- Difficulty concentrating or having memory problems
Claiming Emotional Distress
If you suffer from any of the above, or any other emotional or mental trouble, after your accident, you should seek professional help as soon as possible for two very important reasons:
- To receive help
- To have a record that your emotional distress correlates to your accident
Help from either medical or mental health experts can help with your condition and any potential legal case you might pursue.
Another important action to take after suffering an invisible injury is to document how the symptoms of emotional distress mentioned above affect your daily life, including at work and at home.
Proving Emotional Distress
If you intend to seek compensation for your injury, you will need to gather supporting evidence from colleagues, friends, family, etc. who can attest to your condition (i.e. they can confirm that your mental or emotional health has changed since your accident).
Psychological evaluations may also be useful when seeking legal reparations because invisible injuries such as emotional distress are frequently challenged. This is primarily because they are
invisible, subjective, and seem difficult to prove. However, despite skepticism and the difficulty in putting a monetary value on emotional suffering, there is legal recourse for you.
Injury Lawyers
An injury lawyer can direct and assist you in gathering the appropriate evidence to build your emotional distress case. They will work with medical experts, negotiate with insurance companies to ensure fair compensation, and represent your interests in court if necessary. An injury lawyer will tend to all the legal details, so you can tend to your emotional wellness and recovery.
Finding an Injury Lawyer in Oshawa
If you have been involved in an accident in the Durham region that has resulted in an emotional distress, contact the experienced injury lawyers at Kitchen Simeson Belliveau LLP in Oshawa for a free consultation. We know the law and can help you receive fair compensation for your injuries.