Can You Get Compensation for Emotional Distress After a Car Accident

Car accidents can have lasting effects beyond physical injuries. Many victims experience emotional and psychological distress, which can impact their daily life, relationships, and overall well-being. While physical injuries may heal, the psychological and emotional trauma caused by an auto accident can persist for months or even years. Emotional distress is a form of mental suffering that can manifest through different conditions. If you have suffered emotional harm due a traumatic auto accident or due to someone else’s negligence, you may be eligible for emotional distress compensation in Canada.

What is Emotional Distress?

Emotional distress is a state of mental anguish that may involve a variety of symptoms. It may result from a mental health issue or particular circumstances (Medical News Today, 2025). Emotional or mental distress is not something you can see psychically like a bruise, it is often much more subtle.

Experiencing emotional distress can interfere with everyday life and make it difficult to return to normal activities. Symptoms may include:

• Severe anxiety and panic attacks
• Feeling overwhelmed, or hopeless
• Difficulty concentrating
• Changes in appetite and weight fluctuations
• Chronic pain
• Isolating from friends and family
• Flashbacks and disturbing memories related to your accident
• Sleep disturbances, including nightmares and insomnia
• Feeling constantly drained
• Experiencing irritability

These symptoms can vary from person to person, and may be influenced by the presence of any underlying mental health disorders.

Causes of Emotional Distress

The causes of emotional distress differ, for some people emotional distress is due to a traumatic experience or event. However, it can also result from a wide range of things. Causes can be from:

• Financial instability
• Undergoing major life changes
• Experiencing relationship problems
• Feeling isolated or lonely
• Being involved in an accident
• Post-traumatic stress disorder (PTSD)

Understanding Emotional Distress Claims in Canada

In Canada, there are two primary types of emotional distress claims under personal injury law:

1) Intentional Infliction of Emotional Distress (IIED)

This occurs when someone deliberately causes emotional harm through a purposeful act such as intentional acts of physical harm, workplace harassment, or sexual assault. The legal elements required to prove this claim include:

• The defendant’s actions were reckless or intentional.
• The actions were extreme and outrageous.
• The plaintiff suffered actual harm, including mental distress.

2) Negligent Infliction of Emotional Distress (NIED)

This occurs when an individual experiences psychological distress or injuries due to someone else’s negligence, such as a motor vehicle accident or medical malpractice. To prove emotional distress damages, you must show:

• The defendant owed a duty of care.
• The defendant’s negligence caused serious injury.
• The plaintiff suffered emotional trauma due to the defendant’s actions.

Types of Damages in Emotional Distress Claims

In Canada, damages for emotional distress claims fall into two main categories:

1) Compensatory Damages

These aim to seek compensation to reimburse the plaintiff for harm suffered:

• General Damages – Cover pain and suffering, emotional distress and psychological trauma.
• Special Damages – Reimburse medical expenses, therapy costs, lost income, and rehabilitation fees.

2) Non-Compensatory Damages

Awarded in exceptional cases to punish the defendant or deter future misconduct:

• Exemplary & Punitive Damages – Apply in cases of reckless or intentional harm.
• Aggravated Damages – Address increased emotional suffering due to the defendant’s actions.
• Nominal Damages – Symbolic award when no significant financial loss occurred.

Proving Emotional Distress

Proving an emotional distress lawsuit can be challenging, but certain types of evidence can strengthen your case:

1) Medical Records & Reports: Seeking medical attention after a traumatic accident is crucial. A mental health professional can diagnose conditions like PTSD, depression, or anxiety. Medical records, therapy notes, and psychological evaluations can demonstrate the severity of psychological trauma.

2) Witness Statements: Testimonies from family members, friends, or colleagues can help establish how the accident has affected your life.

3) Expert Testimony: A qualified lawyer can work with psychologists/psychiatrists to explain the impact of the mental trauma and emotional symptoms to the court.

4) Documentation of Life Changes: Keeping a journal of how emotional distress has interfered with your work, relationships, and routine can serve as compelling evidence.

Filing an Emotional Distress Claim

When pursuing an emotional distress claim, working with a personal injury lawyer is crucial. These legal professionals have the experience and expertise to navigate the complexities of emotional distress cases, ensuring all relevant laws are applied correctly and that your claim is effectively supported in court.

To establish a valid emotional distress claim, four essential legal elements must be proven:

• Duty of Care: The defendant had a legal obligation to act in a way that prevents harm to others
• Breach of Duty: The defendant failed to uphold this responsibility through negligence, recklessness, or intentional misconduct.
• Causation: The plaintiff must show a direct link between the defendant’s actions and the emotional distress they experienced.
• Damages: The plaintiff must provide evidence of actual harm, such as medical records, psychological evaluations, or testimony from mental health professionals.

The Lawsuit Process

Step 1: Seek Medical Attention

Immediately after an accident, get medical treatment for both physical injuries and psychological symptoms. A mental health professional can properly diagnose conditions.

Step 2: Consult with a Personal Injury Lawyer

A personal injury lawyer experienced in emotional distress lawsuits can assess your case and guide you through the legal process.

Step 3: Gather Evidence

Work with your lawyer to collect medical reports, witness statements, and documentation that proves the extent of your emotional distress.

Step 4: File a Legal Claim

Your lawyer will file a legal claim against the responsible insurance company or at-fault party.

Step 5: Negotiations and Settlement

Most personal injury claims are resolved through negotiations with the insurance company. If a fair settlement is not reached, the case may go to trial.

Step 6: Trial (If Necessary)

If the insurance provider refuses to offer adequate compensation, your lawyer will take the case to court, where a judge or jury will determine liability and damages.

Limitations and Timeframe for Filing a Claim

In Canada, most personal injury lawsuits must be filed within two years of the traumatic event. However, cases involving sexual assault, workplace harassment, or unsafe working conditions may have extended limitation periods. Consulting with a qualified lawyer early can ensure your legal rights are protected.

Collect and Document Evidence

To build a strong case, evidence must demonstrate the severity of emotional distress and its impact on daily life. This may include expert testimonies, personal statements, and medical proof.

Settlement

Compensation for emotional distress claims in Canada vary significantly based on the specifics of each case. While non-pecuniary damages for pain and suffering are subject to a cap (approximately $444,550 as of April 2024), additional compensatory damages, including lost wages and medical expenses, can significantly increase the total award.

Compensation You May Be Entitled To

If your personal injury claim is successful, you may be entitled to financial compensation for:

1) Pain and Suffering

This includes both physical and personal injury claims and emotional distress damages caused by the car accident itself.

2) Medical Expenses

Covers the cost of therapy, psychiatric treatment, exposure therapy, cognitive therapy, and medications.

3) Lost Wages and Future Earnings

If your mental injury or anguish prevents you from working, you can seek compensation for lost wages and future health care costs.

4) Funeral Costs (in Wrongful Death Cases)

If a loved one was killed in a motor vehicle accident, surviving family members can seek compensation for funeral costs and mental suffering.

5) Punitive Damages

In cases involving intentional acts, extreme negligence or intentional harm, the court may award punitive damages to deter similar conduct in the future.

Pain and Suffering

Pain and suffering refers to the physical and mental anguish, a victim endures after a motor vehicle accident. This not only includes chronic pain but also psychological injuries. Compensation for pain and suffering is considered non-economic damages, meaning it does not have a direct financial cost but significantly affects a victim’s life enjoyment and overall well-being. Courts consider factors such as duration of recovery process and impact on daily life when determining pain and suffering compensation.

Medical Bills

After an accident, victims often face extensive medical expenses for emergency care, ongoing treatment, and rehabilitation. Compensation can cover the costs of:

• Surgery and medical procedures
• Medications for psychical and psychological injuries
• Hospital stays and emergency room visits
• Cognitive therapy and exposure therapy for PTSD symptoms
• Psychiatric treatment and therapy for emotional distress
• Medical reports and assessment from mental health professionals

It is essential to seek medical attention immediately following an accident to ensure injuries are properly diagnosed and documented, strengthening your personal injury claim.

Income Loss

Victims of serious, traumatic brain injury often experience lost wages due to time off from work for recovery. In more severe cases, a victim may be unable to return to work permanently, resulting in a significant loss of future earnings. Compensation for income loss can cover:

• Wages lost due to time off work
• Loss of earning capacity for individuals unable to return to their profession
• Loss of employment benefits
• Future health care costs related to injuries

To claim income loss compensation, victims may need to provide pay stubs, employment records, and medical records as documentation proving their inability to work.

Rehabilitation

Rehabilitation is a critical part of the recovery process for victims suffering from physical and psychological injuries. Compensation for rehabilitation costs includes: physical therapy, mental health treatment, group therapy, assistive devices, and long-term care for victims with permanent disabilities.

Why Consult a Lawyer for Your Psychological Injury

Suffering from emotional distress lawsuit psychological injuries after a motor vehicle accident or other traumatic event can have long-lasting consequences on your daily life, well-being, and ability to work. Unlike physical injuries, emotional distress and mental suffering are often difficult to quantify, making emotional distress claims more complex. Consult with one of our many qualified personal injury lawyers at Grillo Law to ensure you receive fair compensation for the emotional and physical harm you have endured.