Emotional Distress After a Motor Vehicle Accident in Ontario. Do you have a case?
When in a motor vehicle accident, it is not uncommon to face psychological impacts. Although you may think that physical injuries are more prominent in motor vehicle accident claims, this is hardly the case. Physical injuries after a motor vehicle accident are very likely to be accompanied by psychological/emotional distress. In more recent times, the topic of mental health has become much more accepted. However, the taboo remains in some respects. Moreover, one may feel overwhelmed when trying to explain the psychological impacts of an accident that are not visible to others. Consequently, these reservations may raise the question: Do I have a case for emotional distress after a motor vehicle accident?
Emotional Distress After an Accident – Symptoms
After a motor vehicle accident, emotional distress can reveal itself in many ways. The most common psychological effects are vehicular-related anxiety (anxiety as a driver and/or passenger), fear of traffic, fear as a pedestrian, becoming hypervigilant when driving, PTSD, and nightmares (Mayou and Bryant, 2003). Additionally, emotional distress after a motor vehicle accident is not always sudden and may arise much later due to the development of chronic pain that restricts one from living the life they once did, engaging in hobbies, or financial hardships from not being able to return to work (Blaszcynski et al. 1998).
A study conducted by Craig et al. (2016) outlined a positive correlation between the severity of a physical injury and a heightened level of psychological distress. In other words, the more major a physical injury after a motor vehicle accident, the more prominent the psychological impacts. Furthermore, this study also found that many people after a motor vehicle collision sustained an array of psychological distress, rather than just 1-2 symptoms (Craig et al. 2016).
Proving Emotional Distress After an Accident
Proving emotional distress after an accident may seem like a difficult task, as most of the symptoms are not physical and cannot be felt/seen by others. Therefore, it is of the utmost importance for victims of a motor vehicle collision to seek medical attention. One must be attentive to their mental well-being and should prioritize their recovery through a medical practitioner who is able to document their symptoms, progress, and recovery plan. Medical notes, psychiatrist/psychologist therapy notes, and statements from others who have seen your emotional change after the accident are all vital pieces of evidence that help build your case for emotional distress after an accident.
Types of Compensation Attainable for Emotional Distress
There are many types of compensation that are available for those who have suffered emotional distress after the accident in Ontario.
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Pain and Suffering: emotional distress, post-accident anxiety, depression, PTSD, nightmares, insomnia, etc.
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Loss of Enjoyment in Life: no longer engaging in pre-accident hobbies, lack of motivation, becoming anti-social, lack of self-worth, strained relationships, etc.
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Caregiving: unable to take care of children, grandchildren due to psychological setbacks, others having to care for you due to your emotional distress, etc.
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Medical Costs: psychological treatment, therapy, antidepressants, prescriptions, etc.
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Housekeeping: unable to perform housekeeping after the accident (cleaning, vacuuming, mowing lawn, etc.), unable to maintain yourself (bathe, groom, etc.)
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Loss of Income: declined work performance due to emotional distress, unable to get promoted, etc.
Consult with a Personal Injury Lawyer
With the help of a personal injury lawyer, a victim of a motor vehicle accident can seek various kinds of compensation for emotional distress. At JSM Law, we specialize in getting compensation for victims of motor vehicle accidents, including those who have sustained emotional distress. Our experienced lawyers work to assess your file, communicate with insurance companies on your behalf, offer guidance, and provide support throughout the entire legal process.
References
Blaszczynski, A., Gordon, K., Silove, D., Sloane, D., Hillman, K., & Panasetis, P. (1998). Psychiatric morbidity following motor vehicle accidents: A review of methodological issues. Comprehensive Psychiatry, 39(3), 111–121. https://doi.org/10.1016/s0010-440x(98)90069-4
Craig, A., Tran, Y., Guest, R., Gopinath, B., Jagnoor, J., Bryant, R. A., Collie, A., Tate, R., Kenardy, J., Middleton, J. W., & Cameron, I. (2016). Psychological impact of injuries sustained in motor vehicle crashes: Systematic Review and meta-analysis. BMJ Open, 6(9). https://doi.org/10.1136/bmjopen-2016-011993
Mayou, R., & Bryant, B. (2003). Consequences of road traffic accidents for different types of road users. Injury, 34(3), 197–202. https://doi.org/10.1016/s0020-1383(02)00285-1
Author: Muskan Dhillon