How Does Emotional Distress Work in Personal Injury Cases?

Accidents can often turn one’s life upside down in unexpected ways. Aside from the physical injuries, many are surprised by emotional distress such as worsening anxiety, increased depression, or unexpected mood changes. If this sounds like you, you are not alone. Your mental health is just as important as your physical health.

Mental health has received a lot of attention recently and has attracted legal attention: the Supreme Court of Canada stated in 2017 that mental and physical injury is to have “identical treatment” in law.

How Much is Emotional Distress Worth?

Like any personal injury case, there are two categories of damages:

  • General damages – non-quantifiable or what you’re entitled to receive for pain and suffering, including emotional or mental pain and suffering
  • Special damages – quantifiable or things that have a clear price tag such as lost wages, medications, therapy

Like in any accident, the accident’s impact on your life will depend significantly from person to person. A lawyer can assist you in assessing your general and special damages. However, the best thing to do to ensure that you receive the compensation you deserve is to record your post-accident progress.

Recording your medical evidence

It is crucial to seek a health professional following an accident for two reasons.

  1. Your health is your number one priority. A health professional can help you navigate the complexities of your accident and ensure that you get the proper treatment for your injuries.
  2. Seeking medical attention records your progress. One can then use these records to determine how much your injury is worth.

Sometimes mental and emotional injuries are challenging to discuss, yes, but any records will assist in determining your post-accident progress. Writing in journals, speaking to friends and family, and text message conversations about your symptoms can help your lawyer assess the impact that the accident had on your life, and track your own progress.

How Do You Account For Pre-Existing Mental Health Issues?

Like any injury resulting from an accident, just because an accident made a pre-existing condition worse doesn’t mean that you will not get compensation. Instead, the amount that an injury was worsened is the crucial factor. Many people have suffered previous trauma, and sometimes a new accident can bring that trauma back. Your medical records and other evidence will help determine what experiences can be tied to the accident.

How We Can Help

Navigating the insurance process can add all sorts of unnecessary stress to your life. Being properly compensated for your injuries should not add to that stress. You have been through enough. Contact an injury lawyer as soon as possible after your accident. Coming to a team of experienced lawyers with a well-documented case is the best way to ensure you receive justice and the compensation you deserve.

Personal Injury Law with James H. Brown and Associates

Since 1993, James H. Brown and Associates has established an unrivalled reputation for standing up for accident victims and their families. With centuries of expertise, extensive resources, and a proven record of success, we’re proud to support our clients through every phase of life after an accident, from litigation and settlements to navigating the road to recovery. Most importantly, we are dedicated to ensuring our clients receive the compensation they deserve while supporting them every step of the way.

Have You or a Loved One Been Injured?

Talking with an injury lawyer is the first step on the road to justice. Unlike many large law firms in Alberta, James H. Brown and Associates’ injury lawyers are ready to speak with you right away.

Contact us today to speak to a lawyer and book a free, no-obligation consultation with James H. Brown and Associates.

related post