If you were injured in a car collision, you may have suffered physical injuries but also psychological injuries. Many victims suffer from psychological injuries after a traumatic event such as a car accident. Psychological injuries can include depressive symptoms, nervous shock, stress, anxiety symptoms, fear and anger. These injuries are valid and can often be debilitating for the victim and his or her family.
In a court action, you will be compensated if the psychological injuries were caused by the traumatic event. The legal test is to determine, but for the accident, would the person be suffering from the psychological injury? In order to prove the validity and the extent of those injuries, you will need medical evidence. This evidence can be provided by your family doctor, your friends, your family members, your work colleagues and your mental health professionals.
The Supreme Court of Canada confirmed that “recovery for mental injury does not requires proof of a recognizable psychiatrist illness”. (Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 (CanLII)) Therefore, you do not need a psychiatric diagnosis to advance a claim for a psychological injury. Personality changes and cognitive difficulties caused by an accident have been recognized as “psychological injuries”.
Psychological and emotional injuries are real. They can affect your ability to live a productive life: from getting up in the morning to caring for your home, children and elderly parents.
If you have suffered psychological or emotional injuries as a result of an accident, call Burn Tucker Lachaîne LLP for a free consultation with one of our lawyers.
|By Eliane Lachaîne of Burn Tucker Lachaîne Personal Injury Lawyers on April 15, 2019|
|Tags: Car Accidents, Personal Injury|