beyond physical injuries: proving emotional distress after an accident
3 minute read
documentation should include records from psychiatrists, psychologists, therapists, and any other mental health specialists involved in your care. if you are taking medication, you can also obtain medication records from your pharmacy.
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after being injured in a road accident, it would not be surprising if you, or a loved one, claims compensation for physical injuries such as broken bones or permanent impairment.
so it should not be surprising if you also want to claim for emotional distress and debilitating trauma which can result from a traffic accident—whether you’re on a bicycle, motorbike or driving a car or truck.
while psychological harm and mental suffering are not visible accident injuries, it doesn’t make these types of injuries any less important, any less debilitating, or any less deserving of compensation.
however, to prove your case, you will need strong medical evidence, testimony from mental health professionals, witness statements, and detailed documentation of dealing with your symptoms and their impacts on your everyday functions.
statistics canada notes that: an event where there is exposure to actual or threatened death, serious injury, or sexual violence is sometimes referred to as a “potentially traumatic event”. these types of events include war and combat, major accidents, natural or human-caused disasters and interpersonal violence.
in a 2023 stats canada survey on mental health and stressful events, almost two-thirds (63 per cent) of adults living in canada reported that they had been exposed to a potentially traumatic event at some point in their lives.
exposure to a transportation accident (31 per cent) was the most common type of potentially traumatic event, followed by physical assault (18 per cent), life-threatening illness or injury (17 per cent), natural disasters (15 per cent), and unwanted sexual experiences other than sexual assaults (15 per cent).
mental health struggles, such as anxiety and depression, can be as debilitating as physical illnesses. however, when it comes to applying for emotional distress claims, mental health challenges often pose unique hurdles. insurance companies may require comprehensive evidence to substantiate claims, making the application process daunting and often resulting in unfair denials.
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unlike a broken bone or an mri scan showing physical damage, anxiety and depression rely heavily on self-reported symptoms and medical notes from healthcare providers.
do not delay seeking help. if you are suffering symptoms such as chronic lack of sleep, severe anxiety or depression after a traumatic event, speak with your doctor, psychiatrist, or psychologist about your condition right away.
you need to gather supporting documentation. recording your daily struggles, emotional changes, and limitations creates a timeline that supports your claim.
one of the most effective ways to prove a mental health disability claim is to ensure comprehensive medical records. this includes detailed notes from healthcare providers that outline the diagnosis, treatment plans, and progress over time. these records should clearly demonstrate the severity and persistence of the mental health condition and how it impairs daily functioning.
regular and consistent visits to mental health professionals can strengthen your claim. documentation should include records from psychiatrists, psychologists, therapists, and any other mental health specialists involved in your care. if you are taking medication, you can also obtain medication records from your pharmacy. these records provide evidence of ongoing treatment and your commitment to managing your condition.
third-party statements from family members, friends, or coworkers can corroborate your account of your mental health struggles. these statements should focus on observable behaviours and changes in your ability to function in various aspects of life. such testimonials can provide additional context and support for your claim.
beware of social media and the impressions your posts might present. insurers might use social media to argue that your activities contradict your claimed disability. for example, a photo of a smiling moment at a gathering could be misrepresented as evidence that you aren’t experiencing anxiety or depression.
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without proper documentation and professional medical support, proving the disabling nature of your mental health condition can feel like an uphill battle. but that doesn’t mean it’s impossible. with the right approach and professional help, you can overcome these challenges and prove emotional distress after an accident or traumatic event.
nainesh kotak is the founder of kotak personal injury law, a firm focusing on protecting their clients’ rights to justice and obtaining the compensation their clients deserve. he is a member of the ontario justices of the peace appointments advisory committee of the central west region and was past chair of the long-term disability section of the ontario trial lawyers’ association.
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