Can I Sue for Emotional Trauma After an Injury?

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If you were involved in an accident, you may have to suffer its long-term consequences, even if it was no fault of your own. For one, your days may now be filled with doctor’s visits, not to mention the subsequent physical and financial burdens that come with this. All of this can culminate and turn into emotional distress. Read on to discover whether you can sue for emotional trauma after your injury and how a seasoned Ontario personal injury lawyer at Merricks Law Group can help you with your claim.

What is considered emotional trauma?

Before all else, it is important to define emotional trauma. This can be described as any non-physical injury, or otherwise a mental injury, that you may have incurred from your personal injury accident. More specifically, emotional trauma may have an ongoing, negative impact on your day-to-day life that was never posed as an issue before your injuries. And such distress can be translated in any of the following ways:

  • You may now suffer from anxiety.
  • You may now suffer from depression.
  • You may now suffer from insomnia.
  • You may now suffer from post-traumatic stress disorder.
  • You may now suffer from chronic headaches or body aches.
  • You may now experience feelings of isolation.
  • You may now experience extreme fatigue.

Can I sue for emotional trauma after my personal injury accident?

The short answer is, yes, you may be eligible to sue for emotional trauma after your personal injury accident. However, emotional trauma is seen as subjective, as it is entirely psychological and cannot be easily detectable. This reason stresses the importance of gathering enough evidence that proves that your distress is directly linked to your accident. Such evidence may include, but may not be limited to, the following:

  • Proof of an evaluation or ongoing treatment by a mental health medical professional.
  • Proof of a diagnosis from a mental health medical professional, which states the severity of your emotional trauma and the duration of your symptoms.
  • Witness testimonies of your distress from experts and your loved ones.
  • Your first-hand accounts of your distress from your journal or diary entries.

How much can I recover for my emotional trauma after my personal injury accident?

Similar to how emotional trauma itself is seen as subjective, the monetary compensation you are entitled to receive may be subjective, as well. This is why it is important to collect as much evidence as possible to support your claim. And with that, it is important to share all your psychological symptoms with your mental health medical professional or your trusted loved ones so that your proof can be strengthened.

If you are ready to recover your emotional damages, you must retain the services of a skilled Ontario personal injury lawyer today.

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