The term ‘personal injury’ often brings to mind the image of crutches, bandages and hospital visits. The visible injuries. However, some of the most severe, life-changing injuries are not visible, rather than appearing on an x-ray, they show up in your mind or mental state.
The typical response to a car crash, slip and fall or other incident is of course physical recovery. Visiting the doctor, taking medication and even surgery in the worst cases. The first question you will hear from friends or family would be in regards to how your back is healing rather than how you’re dealing with the situation mentally.
Weeks later, the victim of an injury may wake up in the middle of the night, heart pounding. The victim may avoid certain places, people or even sounds that remind them of the trauma caused by the accident. Loud noises could cause distress, focusing at work becomes difficult, and even cancelling plans with friends or becoming distant from people.
All of these are potentially signs of a psychological injury. Namely in the form of conditions such as PTSD, depression, or anxiety which can all develop after a traumatic event. These conditions could limit your independence, damage relationships and make work difficult. Whether the injury is visible or not doesn’t make it any less real or serious.
The Legal Challenge
Ontario law allows you to claim compensation for psychological issues like the ones described. Although, they can be more difficult to prove than physical injuries.
If you break a bone, tear a ligament, they will be visible through MRI or X-Ray scans, but this is not the case with PTSD or depression. No single test can ‘prove’ with certainty that you are hurt.
Succeeding in one of these cases requires strong evidence;
– Reports from a specialist such as a psychologist or psychiatrist
– Detailed treatment records through counselling or therapy
– Statements from friends, family, or coworkers describing a change in behaviour
– Your own notes linking your symptoms to the accident
The insurance companies know this is a lot of work for you, and they use that to their advantage. That way, they can offer you a small settlement quickly, before you’ve had time to see the full impact of your injury on your life.
Insurance companies may claim your psychological symptoms had nothing to do with the accident, or that they are temporary. Many victims will accept the insurance companies first offer to get it over with, only to later discover the settlement would not cover therapy, medication, or time off work.
Without pursuing legal aid, your claim will likely by undervalued or denied entirely.
Your Next Steps to Build a Strong Claim
If you think you might have a psychological injury after an accident, here’s how you can protect yourself and your case:
1. Get the right help early.
Don’t just tell your doctor you “feel stressed.” Be specific. Describe nightmares, panic attacks, memory problems, or mood changes. Ask for a referral to a psychologist or psychiatrist who understands accident-related trauma.
2. Keep a claim journal.
Write down how your symptoms affect your life each day. This may involve trouble sleeping, missing work, avoiding certain places, or withdrawing from friends. Dates and details matter.
3. Let people around you know.
Tell friends, family, and coworkers what you’re going through. Their observations can later back up your claim.
4. Be careful with insurance calls.
Even a casual “I’m fine” can be used against you. Until you have a lawyer, keep your answers short and factual.
5. Save every receipt.
Therapy, medication, travel to appointments; these costs can be claimed, but only if you can prove them.
6. Notice patterns.
If certain places, sounds, or situations trigger your symptoms, write them down. This helps show the connection between your accident and your injury.
Why you should call us now
Building a psychological injury claim requires more than just paperwork. A solid case requires a detailed story about how your life has changed. That story must be constructed with evidence, expert opinions, and someone who knows how to deal with insurance companies that want to downplay your suffering for a convenient payout.
Our firm has helped many people who weren’t aware how much the accident changed their lives until we showed them the big picture. We secure settlements that cover therapy costs, lost income, and pain and suffering endured while providing the resources to continue moving forward.
You don’t have to face this alone. Call us today. We’ll listen, believe you, and fight to make sure your injury, whether it’s mental or physical, is taken seriously.
