It’s easy to think of car accidents in terms of broken glass, damaged vehicles, or physical injuries that require stitches, casts, or hospital stays. But sometimes, the damage doesn’t look like that at all.
The year 2023 saw increases in the number of fatalities and serious injuries (compared to 2022), while the number of total injuries decreased, according to Transport Canada’s 2023 collision statistics.
Not every injury is visible. In fact, some of the most disruptive effects of a car accident don’t show up on a scan or X-ray. They come later—through panic attacks, insomnia, irritability, or a steady, hard-to-explain sense of fear that doesn’t let go. Emotional trauma is one of the most overlooked outcomes of a car accident.
If you’ve been involved in a car accident and are experiencing emotional distress as a result, you may be eligible to file a car accident claim to seek benefits and/or compensation for emotional injuries.
Is Mental Trauma Considered an Injury?
Yes. Canadian courts recognize mental trauma conditions such as post traumatic stress disorder (PTSD), anxiety, depression, and other common psychological issues as injuries.
How Much Can I Sue for Emotional Distress in Ontario?
There is no fixed amount for mental trauma or emotional distress damages. What would be considered fair compensation can vary widely, based on numerous factors, including the severity of the psychological distress and impact on quality of life. An emotional distress claim could also provide compensation related to lost wages, pain and suffering, and healthcare costs.
In certain cases, such as those involving traumatic brain injury or long-term mental health issues, damages may be substantial. However, each legal claim is fact-specific to the traumatic event in question and should be assessed by experienced car accident lawyers.
What Is Required to Prove a Car Accident Mental Trauma Claim?
Building a strong emotional trauma claim requires clear, supporting evidence. This might include medical records and assessments from mental health professionals, a formal psychological trauma diagnosis, documentation showing how your condition has affected your daily life, and records that demonstrate your efforts to seek treatment or therapy.
Can You Claim Without Physical Injuries?
Yes, although some emotional distress cases stem from severe physical injuries, others involve survivors of an auto accident with little to no visible physical harm. The key is establishing that the trauma caused by the accident resulted in real, diagnosable harm.
How Kalsi & Associates Can Help
For those who have suffered emotional distress and psychological symptoms from a motor vehicle accident, a mental trauma claim can be key to the healing process. Getting recognition and a sense of justice, along with financial compensation, helps accident victims move forward.
At Kalsi & Associates, every personal injury lawyer on our team understands the unique challenges faced by individuals living with emotional trauma. If you’ve been injured in a car accident, our car accident lawyers serving Brampton are ready to help you. You can book a free consultation to discuss your options confidentially and with no obligation.
