Emotional Distress Caused by Personal Injury

When accidents happen, they result in a variety of injuries. Based on the severity of the accident, the injuries may be major or minor. But in some cases, the accident may have been minor, but the resultant injuries may be very serious. In certain catastrophic collisions, the injuries are extremely severe, and the person is disabled/disfigured, permanently disabled, or the accident could result in death.

Contact a personal injury lawyer without delay to file a personal injury claim against those responsible for the accident. Ontario laws provide statutory benefits on a no-fault basis for all injured victims of accidents in the state but sometimes, the settlement amount may not cover the costs of treatment and rehabilitation. Victims or their families can file a civil claim concurrently for compensation.

Types of Compensation

As our award winning car accident and personal injury lawyers are aware, compensation amounts are claimed under two different heads – Special and General.

Special damages include all expenditure incurred as a result of the accident that can be quantified – for instance, medical bills, treatment, ambulance-charges, therapy, also loss of income, wages, etc.

General damages are those which cannot strictly be evaluated in monetary terms – for instance, the pain and suffering that victims and families undergo, the loss of a spouse/companionship etc.

Emotional Distress

Apart from the physical injuries, accidents cause different degrees of emotional suffering. Accident victims experience post-traumatic stress disorder, phobias, anxieties, fears, sleep-disturbances, depression, suicidal tendencies, alcohol or drug dependence, etc. Social and intimate relationships may suffer irretrievable breakdown and the family-structure could collapse.

In such cases, compensation for “pain and suffering” may be awarded. The best personal injury litigation lawyers in Ontario, Canada can advise injured victims that “pain and suffering” can be one of the factors that compel the at-fault party to settle quickly and satisfactorily out-of-court, as many juries award huge amounts of compensation on this count.

Many countries, provinces, states etc have put a limit or cap on the amount of compensation awarded under the “pain and suffering” category. In Ontario, the most that can be recovered is $350,000. There are several provisions under the Insurance Act and “threshold  injury” concept that would limit the compensation awarded for pain and suffering. A top-rated accident lawyer can assist injured victims to file an appropriate claim, at the correct jurisdiction, backed by robust evidence to back it.

Negligent Infliction of Emotional Distress

In certain cases, a claim of Negligent Infliction of Emotional Distress  (NIED) can be brought against the at-fault party. This implies that the negligent person/s acted in such a way that they must compensate the injured person for the emotional or mental injury. NIED claims may be pursued independently or as part of other personal injury claims. In some cases, a bystander who is a close relative may suffer emotional distress as a result of witnessing the death or injury. It’s important to know how to select the best  personal injury lawyer who can advise clients on the type of claim to be filed.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)