In comparison to physical injury, emotional pain is sometimes seen as unimportant. The reality is that emotional discomfort and trauma may continue for extremely long periods and result in irreparable psychological harm.
Yet, you can take legal action against the source of your mental distress. While it may not immediately aid your healing or recovery, bringing such offenders to justice is important. Also, you should take legal action for your rights.
In the following write-up, we’ll have a closer look at the details of suing somebody for emotional distress.
What are the Symptoms of Emotional Distress or Psychological Trauma
Despite advances in psychosocial support, many victims and their families cannot identify indicators of psychological damage.
Here are a few things to keep an eye out for:
- Anxiety is particularly about the injury-causing incident. For instance, if you have an accident and are afraid to drive again.
- Panic or anxiety problems are provoked by the incident’s recollection or caused by anything linked.
- Moodiness and irritability frequently trigger significant psychological damage.
- Crippling sadness due to losing a loved one: If a person loses their spouse or parent due to someone else’s carelessness, they may be able to petition for emotional harm.
- Depression and sleep difficulties are both examples of psychological damage.
How to Sue Someone for Emotional Distress in Canada?
Contacting a knowledgeable lawyer immediately is the best method to tackle this scenario. The last idea you wish for will be misdiagnosed, and you must start the case from scratch. This is unlike any other car accident settlement.
Here are the ways how a qualified lawyer can help you:
Analyze the situation
Examine the situation thoroughly and comprehend your needs. The lawyer will gather information about the accident or traumatic occurrence.
They also investigate the medical history, damage source, and other daily life disturbances. This method makes it easy to build the case according to your requirements and preferences.
Consult an expert
Following your initial session with your lawyer, you must visit a recognized expert to analyze your health problems (physical and psychological). Because the expert will normally deliver their opinion of you after numerous meetings, you should be comprehensive and truthful about things.
Experts can eventually determine the depth of your trauma and establish a treatment plan and prerequisites for you. Their evaluations would also contain information about how the trauma or stress affected your professional abilities and overall well-being.
Put up the case
After gathering all the evaluation information, it’s time to gather Documentation, evidence, and testimonies from medical experts, witnesses, family & friends, and other individuals involved.
All the information will provide a wider and clearer picture of the conditions after the traumatic incidents. It emphasizes the severity and scope of the trauma and the sequence of events.
Evidence of Trauma and Distress
It may be the most challenging portion of the entire procedure. You must need a few things to prove the psychological harm. You need to present the situation in a way the prosecution can relate to and consider from your point of view. It can improve the possibility of the case moving in your favour.
Situations at Workplace that Cause Emotional Distress
Workplace trauma is not something that happens all the time. However, it is important to ensure a safe and healthy work environment. Negligence, attacks, and accidents resulting from trauma are the most common causes of emotional anguish.
Employers and coworkers should treat everyone with decency and respect.
The following are potential scenarios based on the preceding notion that might result in emotional distress lawsuits:
- A coworker is following or stalking you
- A supervisor is mistreating or assaulting you, including intentionally humiliating staff in front of coworkers, supervisors, or clients
- You observe something distressing or upsetting, such as a coworker being assaulted
- Management is pressuring you to work outside of your comfort zone (i.e., pressurizing a minority working with a racist).
These are the situations that might cause intense emotional pain or psychological agony. Depression, mood fluctuations, lack of appetite, sleep difficulties, and exhaustion may suggest more serious issues. If you are experiencing any of these symptoms, seek the advice of a qualified professional.
Is it Possible to Sue in Small Claims Court for Emotional Distress?
Emotional suffering is significantly more difficult to show since it is not as visible or quantitative as physical harm. When it comes to proving bodily harm, medical records and invoices are sufficient. Cases of emotional anguish, on the other hand, are unique.
Because there is no noticeable or quantifiable injury, emotional distress cases are difficult to understand. Each person reacts differently to trauma and suffering.
An individual may experience worry, while others may experience incapacitating misery.
The opposing lawyer might declare that the harm you alleges does not exist or that you are making a false statement. As a result, you must hire a lawyer who has handled situations involving emotional distress. Otherwise, you are jeopardizing your prospects.
Read Related about: Pain and suffering compensation in Canada
How Much Can I Sue for Mental Distress in Canada?
In Canada, you can get up to $ 350000 compensation due to emotional distress.
Because non-economic damages may exist in such cases, determining compensation may be difficult. Economic losses include property loss, employment inability, a bad influence on one’s professional abilities, and other things.
Losses that can’t be measured in money are emotionally involved. You and your lawyer can assess the situation and establish an acceptable amount of compensation. The pricing may vary from instance to case.
The Necessity of Proper Documentation
Evidence of the symptoms encountered is required for a valid claim for emotional distress. You must establish that your mental suffering is continuing, impacts your life, and is directly tied to the physical damage you sustained due to the defendant’s actions.
If you had previously been treated for depression before the accident, your case for mental distress compensation is not barred, but it gets more complicated.
Besides, insurers often refuse claims for emotional distress without justification, even when the medical proof is present. A qualified personal injury lawyer can have a significant impact on the outcome.
Keeping a daily log of your thoughts about the accident, your injuries, and the effect on your life may boost your chances of recovering from emotional distress damages. You should also inform your doctor of any psychiatric symptoms you have been experiencing since the event that led to your injuries.
Because mental turmoil is difficult to verify, you must consult with a doctor who is familiar with your symptoms and can confirm the degree, duration, and crippling impact of the distress. Note that medically verified mental anguish is essential in a personal injury case and insurance claim.
Emotional distress is difficult to deal with. And if that wasn’t enough, the added burden and difficulties of the law will exacerbate your misery and suffering. So, if you have the backing of an expert lawyer who understands how to handle this type of case, you no longer have to worry.
Because they are well-versed in all the loopholes in the legislation, their knowledge will undoubtedly make the way much smoother. From putting up a difficult fight to ensuring you receive what you deserve, they will act as rescuers of the claim from beginning to conclusion. As a result, you will better understand how much you may sue for emotional distress in Canada.