Accident-Related Psychological Injuries
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In the aftermath of a traumatic accident, victims who have sustained physical injuries often face challenges that can seem insurmountable. Motor vehicle collisions, slips and falls on another party’s property, dog attacks, and other unpredictable, violent events that lead to physical trauma can have profound impacts on an injured accident victim’s overall quality of life. Oftentimes, seriously injured accident survivors require long periods of hospitalization, intensive physiotherapy, rehabilitation treatments, and sometimes, drastic lifestyle adjustments.
Not only can the lengthy and involved process of recovery be physically and emotionally draining, it can be expensive, as well. Many injured accident survivors cannot afford the costs of their necessary care, even with access to insurance coverage. This might be especially true for people who can no longer perform work because of the injuries they have sustained. With bills for injury-related expenses accumulating and no access to their regular earnings, injured accident victims often experience legitimate financial anxieties.
Recovering from serious injuries can be stressful, demoralizing, and isolating. Emotional and financial stresses can quickly become overwhelming, especially for injured accident survivors dealing with persistent, ongoing, painful symptoms. As a result, many patients develop additional disabilities in the form of severe psychological injuries.
In fact, certain kinds of physical injuries can present themselves in psychological symptoms. For example, people who have sustained traumatic brain injuries (TBIs) often experience neuropsychological deficits related to memory, focus, problem solving, planning, and inhibitory control, as well as unpredictable mood swings and dramatic behavioural changes. Because of these changes, people who have sustained TBIs often find it difficult to relate to romantic partners, family members, co-workers, authority figures, and other members of society at large. Accident survivors suffering from the effects of TBIs often require cognitive remediation therapy and counseling sessions with the people closest to them.
Common Psychological Injuries
Other psychological injuries often developed by injured accident survivors include anxiety, post-traumatic stress disorder (PTSD), insomnia, and most commonly, depression. Depression is a severe psychological disorder that could upend an injured accident victim’s entire life. Common symptoms of depression include:
- Persistent feelings sadness, anxiety, and emptiness
- Irritability, restlessness, frustration, and drastic changes in mood
- Loss of interest in normal activities
- Lack of energy, extreme fatigue
- Insomnia, over-sleeping, and/or other sleep disorders
- Fluctuations in weight (due to either increased food cravings or reduced appetites)
- Feelings of worthlessness and guilt
- Difficulty focusing, making decisions, and remembering
- Headaches, backaches, digestive disorders, and other physical ailments that do not respond to treatment
- Suicidal thoughts or attempts
If you are in distress, call the Canada Suicide Prevention Service at 1-888-456-4566, or visit your nearest hospital’s emergency department.
How an Ontario Personal Injury Lawyer May Be Able to Help
If you were involved in an accident caused by someone else’s negligence, our Ontario personal injury lawyers may be able to file a civil claim against the at-fault party to help you recover injury-related damages you have incurred, which could very well include the costs of psychological counseling and other expenses related to your mental health. If you are eligible to pursue a civil claim, our personal injury lawyers serving all of Ontario will review the details of your case with you and determine the total amount of damages to which you should be owed.
Furthermore, if you are unable to work because of your psychological injuries but your claim for long-term disability (LTD) benefits was turned down by your insurance provider, consider scheduling a free initial consultation with Preszler Injury Lawyers. Unfortunately, insurance providers routinely deny LTD benefits claims for so-called invisible injuries whose symptoms cannot be observed objectively through medical testing. By working with our Ontario long-term disability lawyers, you may be able to overturn your insurance provider’s unfair decision and reclaim the benefits you deserve.
Contact Preszler Injury Lawyers Today
The process of pursuing justice, accountability, and financial compensation can seem complicated and intimidating, especially for injured accident survivors struggling to cope with psychological injuries. Preszler Injury Lawyers handle all aspects of our clients’ cases, focusing on getting the best results possible so that our clients can focus on getting better.
To schedule a free initial consultation with our Ontario personal injury lawyers, contact us online or call 1-800-JUSTICE.
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Personal Injury FAQs
Here are some commonly asked questions for personal injury claims
What does a lawsuit look like?
Every personal injury lawsuit is generally comprised of five main parts. The length of time each part takes can vary depending on the complexity of your case. Your lawyer will help you through each stage by providing tailored advice and strong legal representation.
You can expect:
- Statement of Claim: This is a formal document that initiates the personal injury claim against the at-fault party (or individual you are suing).
- Examination for Discovery: This is a meeting where you and your lawyer will ask the opposing party questions about the claim, the accident, fault, and anything else that is deemed relevant. The opposing party will also have the opportunity to ask you questions.
- Gathering of Evidence: Your legal team will gather a variety of evidence on your behalf to strengthen your claim. This might include medical records, police reports, images from the accident scene, witness testimony, expert opinions, and more.
- Mediation: If you would like to attempt to settle without going to trial, you will likely undertake mediation. Mediation involves you and the opposing party negotiating the terms of your settlement with the assistance of a neutral third party.
- Trial: If you are unable to reach a settlement during mediation, your claim will proceed to trial. During trial, your lawyer will present your case and the evidence they have gathered before a judge (and sometimes a jury). Once complete, the judge will decide the final amount of compensation you’re entitled to.
It’s important to note that a majority of personal injury claims are settled through mediation, out of court. Our Toronto personal injury lawyers help guide clients through each of these stages, so they don’t have to navigate the legal complexities alone.
How much will I have to pay for lawyers’ fees?
Our personal injury lawyers work on a contingency-fee basis, meaning we only get paid if you win your case. A percentage of the settlement you receive will go towards lawyers’ fees. There are no upfront, out-of-pocket payments required.
What type of compensation can I expect to get?
When you’re injured in an accident due to someone else’s negligence, there are many different types of compensation you may be eligible to receive. The amount and kind will depend on the severity of your injury and the specifics of your case.
Common damages you might claim include:
- Pain and suffering
- Out-of-pocket expenses
- Loss of income
- Housekeeping losses
- Medical costs
- Legal costs
- And more
Our experienced Toronto personal injury attorneys will help maximize what you can recover by exploring your case and eligibility in depth. We aim to ensure that the compensation you receive reflects not only your current suffering, but the lifelong effects that your accident may have in the future.
When can I sue for non-pecuniary general damages (e.g. pain and suffering, loss of enjoyment of life, etc.)?
In Ontario, you can sue for non-pecuniary damages if you have suffered a permanent and serious impairment of an important physical, mental, or psychological function, or permanent, serious disfigurement. This is known as the “threshold.” If you meet this threshold, you can sue for general damages such as pain and suffering, loss of enjoyment of life, and other similar losses.
How long will it take to settle my case?
The length of time it takes to settle a case depends on several factors, including the complexity of the case, the extent of your injuries, and whether the other parties involved are willing to settle. Some cases can be settled in a few months, while others can take years.
How long will the process take?
The length of time a personal injury claim can take varies widely according to the specifics of your case. While some cases settle in a matter of months, some can take anywhere from two to four years.
Some factors that affect the duration of personal injury claims include:
- Complexity of your injuries
- Each party’s willingness to settle
- Whether a claim goes to court
- Insurance company cooperation
- Availability of evidence
- And more
When liability is clear or injuries/damages are more clearly documented, cases may move faster. A personal injury lawyer will make sure the process keeps moving, although sometimes delays (like court backlogs) are unavoidable. Seeking personal injury legal advice early may help you streamline your timeline.
How long do I have to sue?
In Ontario, generally speaking you have two years from the date of your injury-causing accident to file a claim. However, based on the circumstances of your individual case, this timeline could be subject to additional limitations.
Do I have a strong case?
After taking advantage of a free initial consultation with our personal injury lawyers, the strength of your case can be evaluated based on the evidence available and the specific circumstances of your accident. Our personal injury lawyers offer case-specific legal feedback to help you understand the strengths and weaknesses of your case and advise you on legal options that might be available.