Life can present many challenges. If you’re involved in an accident, these challenges can compound into intense feelings and cause harm beyond physical injuries. That’s why emotional distress is a recognized form of harm in Canadian law. It can be caused by many factors, including car accidents, harassment, or other physical and psychological trauma. Understanding how to navigate these legal claims is essential for those seeking justice and fair compensation.
In this post, we’ll review emotional distress claims, determine compensation, discuss the legal process for pursuing these claims, and discuss key considerations and challenges.
Definition of Emotional Distress
Entitlement to a claim for emotional distress arises where an individual suffers an emotional or psychological injury as a result of another party’s actions or negligence. Symptoms such as anxiety or PTSD could occur if a memory or event triggers the victim. Some severe cases could affect the victim and interfere with their daily functioning.
What Does Emotional Distress Feel Like?
Here are a few examples of how to recognize emotional distress in yourself or others:
- Anxiety: A victim could deal with a constant feeling of stress or anxiety, affecting their sleep and disrupting their daily lives.
- Avoidance behaviour: People may avoid specific places, people, or conversations that could trigger memories of the distressing event.
- Emotional distancing: This includes losing interest in life and regularly feeling frustrated or hopeless. Activities that usually bring joy no longer do, resulting in isolation and detachment.
These fundamental changes in anyone’s mental wellness or actions are cause for concern. If emotional distress is the result of someone else’s negligence, there is the possibility of filing a personal injury claim to pursue justice. This can also lead to compensation to help the victim live life as close as possible to how they did before the accident or event.
Legal Basis for Emotional Distress Claims
In Canada, emotional distress claims are valid legal claims under tort law. Tort law is a branch of civil law in Canada that deals with cases involving wrongful acts or harm to another person. It is a civil wrong when somebody else intentionally or negligently causes psychological harm to another person. A civil wrong, by extension, is when someone causes harm to another person through an intentional act or negligence.
How Does This Apply to Emotional Distress Claims?
An emotional distress claim is usually included with a personal injury lawsuit or other civil cases. Such examples include:
- Personal injury: A car accident where the victim is not at fault can lead to a personal injury lawsuit with emotional distress from the PTSD of the crash and anxiety, or depression resulting from pain or loss of function.
Cases That Can Involve Emotional Distress Claims
Negligent Cases
To file a claim in negligence, the plaintiff, the person filing the claim, must adduce evidence as to how the defendant breached the following four elements that prove liability for negligence. These elements are:
- Duty of Care: The defendant has a legal responsibility to act responsibly and reasonably to avoid causing harm to the plaintiff (a driver is responsible for driving safely).
- Breach of Duty: The defendant fails to meet their duty of care; this is where the concept of negligence comes into play (for example, a driver is speeding or distracted).
- Causation: The defendant’s actions directly caused the plaintiff’s emotional distress. (For example, the driver caused an accident, harming the plaintiff).
- Damages: The plaintiff can sue for emotional distress resulting from the incident (the plaintiff now has PTSD from driving or frequent panic attacks while in cars, making it challenging to function daily).
Personal Injury Cases
Another case in which plaintiffs can file for emotional distress is a personal injury case. Personal injury cases typically fall under pain and suffering damages, which include two things:
- Physical pain: Physical injuries resulting in long-term pain or suffering.
- Emotional distress: mental symptoms such as PTSD or stress-related disorders.
Particular examples of personal injury cases that could lead to emotional distress include the following:
- Assault or abuse
- Slip and falls
- Car accidents
- Dog bites
By understanding the cases in which you can claim emotional distress, victims can better understand how to navigate their claims and receive compensation.
Employment Law
Emotional distress cases can also arise in the workplace. Certain examples include:
- Workplace Harassment: Bullying, discrimination, public humiliation or hostile work environments.
- Wrongful Dismissal: Being let go without a justifiable reason or publicly causing significant emotional distress.
- Retaliation: Actions taken against an employee for whistleblowing or filing a complaint.
In these cases, employees can file an emotional distress claim if they’ve suffered psychological harm.
Human Rights Case
Human rights cases are also justifiable reasons for filing an emotional distress case if the plaintiffs suffered psychological harm. Certain examples include:
- Discrimination: Racial slurs or discriminatory treatment based on race, gender, religion, or disability.
- Harassment: Hostile or aggressive behaviours (insulting, cyberbullying, threats, and unwanted advances).
- Retaliation: Punishment for exercising one’s rights (filing a human rights complaint).
One such example is a prospective tenant being denied housing due to their race, causing emotional and psychological harm.
Emotional Distress in Other Areas of Law
Emotional distress claims can be made in many other areas of law, including the following:
- Defamation: Rumours or false statements against someone, harming their reputation and leading to emotional distress. Breach of privacy claims touch of defamation where there may be some revenge sought by sharing private or intimate information or photos of an individual.
- Intentional Infliction of Emotional Distress (IIED): Intentionally causing psychological harm.
- Family Law: Cases involving domestic abuse, child custody disputes, or divorces.
- Consumer Protection: Cases where deceptive or harmful business practices cause psychological harm. (Faulty products, scams or fraud).
For each of these cases, people, businesses, and employers are legally required to uphold certain standards or face legal and financial consequences.
Factors Influencing Compensation for Emotional Distress Claims
In Canada, the law dictates that a victim of emotional distress can seek compensation whether it was caused via negligence or intentionally. In general, compensation can range from $20,000 to $450,000. The amount that can be awarded depends on several factors, such as:
- Severity: Is the victim able to function at work and carry out daily tasks? Are they experiencing panic attacks or other debilitating symptoms?
- Duration: Did the distress begin immediately after the accident, or has it developed over time? Are there additional stressors contributing to their condition?
- Impact on Daily Life: Has the victim’s quality of life been affected? Have they lost their job or the ability to find enjoyment in life?
- Medical Diagnoses: Has the victim been diagnosed with a mental disorder or permanent disability? If so, what is the extent of their condition?
Severity of Emotional Distress
Assessing the severity of emotional distress depends on its impact on the plaintiff. The more severe the condition and treatment required, the higher the compensation. The courts would like to know if there are any symptoms to be made aware of, including:
- Anxiety
- Depression
- Post-Traumatic Stress Disorder (PTSD)
- Panic attacks
- Phobias
- Sleep disorders
The courts can assess these by reviewing medical records and testimonies from medical professionals and determining the impact on daily life, such as work, sleep, or personal relationships.
The courts can then decide whether there are mild or severe symptoms:
- Mild Symptoms: The symptoms are short-term and can be recovered from mild treatment. For example, a plaintiff suffers mild anxiety from a car accident but recovers after a few weeks of therapy.
- Severe Symptoms: Severe, long-lasting distress severely impacts the plaintiff’s daily life and functioning. For example, a plaintiff suffers PTSD from a workplace incident, preventing them from going to work, causing them nightmares and requiring long-term therapy.
Duration and Impact on Daily Life
The longer the distress lasts and the greater its impact on daily life, the higher the compensation is likely to be. This is because long-term or chronic distress often requires extensive treatment, such as therapy or medication, which increases the plaintiff’s financial losses. Indicating a more significant and enduring impact on the plaintiff’s life.
Particular examples of how the duration can impact the plaintiff’s distress include:
- Short-Term Distress: A plaintiff experiences mild anxiety after a minor car accident but recovers within a few weeks. The distress does not significantly affect their work or relationships. Compensation is likely to be lower.
- Long-Term Distress: A plaintiff develops PTSD after a traumatic workplace accident. They struggle to return to work, experience strained relationships, and no longer enjoy activities they once loved. The distress persists for years and requires ongoing therapy. Compensation is likely to be higher.
By understanding how duration and impact on daily life influence compensation, plaintiffs can better prepare their cases and ensure they receive fair compensation for their psychological harm.
Professional Assessment and Diagnosis
In emotional distress claims, medical evidence and professional assessment play a critical role in proving the existence, severity, and cause of the psychological harm. These elements ensure that the plaintiff’s claims are taken seriously and receive fair compensation.
Emotional distress is intangible and cannot be seen or measured like physical injuries. As a result, medical evidence is necessary to:
- Prove the existence of the distress
- Show the severity of the psychological harm
- Establish a link between the defendant’s actions and the plaintiff’s distress
Without medical evidence, it can be challenging to convince the court that the emotional distress is real and significant.
Key Medical Evidence
A formal diagnosis from a licensed mental health professional, such as a psychologist or psychiatrist, is one of the most critical pieces of evidence. The diagnosis should identify specific psychological conditions, such as anxiety, depression, or PTSD, and confirm that the plaintiff’s emotional distress is a recognized medical condition.
Courts also look for evidence that the plaintiff has sought and received treatment for their emotional distress. This may include:
- Therapy sessions
- Medication
- Hospitalization
Finally, expert testimony from a mental health professional may be required to explain the nature and severity of the emotional distress, link the defendant’s actions to the plaintiff’s harm, and provide an opinion on the long-term impact of the distress.
Building a Strong Emotional Distress Case
Victims of emotional distress often find it difficult to build a strong legal case independently due to the complexities involved in gathering and presenting evidence and documentation. These are generally “invisible” injuries. Seeking the assistance of an experienced personal injury lawyer specializing in emotional distress claims can significantly strengthen the case.
A skilled lawyer can help assemble crucial evidence, including:
- Medical documentation from psychiatrists, therapists, or doctors, detailing diagnoses and treatments for conditions like PTSD, anxiety, stress disorders, or severe depression that significantly impact daily life.
- Professional testimony from mental health or other medical professionals who have evaluated the victim, confirming the severity of the emotional distress.
- Evidence of personal impact, demonstrating how the incident has negatively affected the victim’s work, relationships, and daily life.
Building a strong case based on this evidence helps illustrate the severity of the emotional distress to the courts. The stronger the case, the more likely the courts will recognize the harm suffered and provide the necessary support for victims to rebuild their lives.
Maximum Limits and Typical Compensation Amounts
As mentioned, Canadian courts recognize the impact of emotional distress and provide fair compensation depending on the severity of the suffering, duration and overall impact on daily life. So, when pursuing emotional distress claims in Canada, it’s essential to understand the maximum limits and typical compensation ranges for different cases.
While there is no fixed maximum limit for emotional distress claims, courts often refer to a cap on non-pecuniary damages established by the Supreme Court of Canada. This cap, adjusted for inflation, is currently around $460,000 for the most severe cases involving catastrophic injuries or extreme psychological harm.
Legal Considerations and Challenges
Pursuing an emotional distress claim involves navigating several legal considerations and potential challenges. Understanding these factors can help you prepare for the complexities of your case and work effectively with your lawyer to achieve a favorable outcome.
Statute of Limitations
In Canada, emotional distress claims are subject to a statute of limitations, the time limit within which you must file your claim. Typically, this limit is 2 years from the incident that caused the emotional distress. However, the exact timeframe may vary depending on the province or territory and the type of claim. This may be extended in certain cases such as assault or sexual assault
In some cases, exceptions may apply, such as if the emotional distress did not begin disrupting your life until several weeks or months later or if you weren’t aware your life was disrupted for that reason. To ensure you don’t miss the deadline, consult a lawyer promptly after the incident.
Burden of Proof
In emotional distress claims, the plaintiff must provide the proof. This means you must provide evidence that the defendant’s actions or negligence directly caused your emotional distress and that the harm you suffered is significant enough to warrant compensation. To meet the burden of proof, you’ll need to demonstrate the defendant’s liability, including the four steps:
- Duty of Care
- Breach of Duty
- Causation
- Damages
Defence Strategies Employed by Defendants
Defendants may use various strategies to challenge your emotional distress claim that you’ll need to prepare for, including:
- Disputing the Severity of the Distress: Arguing that your emotional distress is not as severe as you claim, or does not exist at all.
- Arguing the Harm Was Pre-Existing: Claiming that your emotional distress was caused by pre-existing conditions or events or conditions unrelated to their actions.
- Claiming the Plaintiff’s Actions Contributed to Their Suffering: Arguing that your actions contributed to your emotional distress.
Importance of Legal Representation
Emotional distress claims are complex and involve intricate legal and medical issues. A competent lawyer can help you:
- Navigate the Legal Process: Guiding you through each step, from filing the claim to negotiating a settlement or representing you in court.
- Gather Evidence: This helps you collect and organize the evidence needed to prove your case, such as medical records, witness statements, and expert reports.
- Build a Strong Case: Use their expertise to present a compelling argument and maximize your chances of receiving fair compensation.
By understanding these legal considerations and challenges, you can work with your lawyer to build a strong case and achieve the best possible outcome.
Process for Pursuing Emotional Distress Claims
Pursuing an emotional distress claim involves several key steps, from the initial consultation with a lawyer to a potential trial. Understanding this process can help you navigate the legal system effectively and maximize your chances of success.
1. Seeking Legal Advice and Evaluating the Case
The first step in pursuing an emotional distress claim is to consult an experienced lawyer. A lawyer can evaluate the strength of your case, explain your legal rights, and guide you through the process.
Once you proceed, you will gather evidence to support your claim, including:
- Medical records
- Witness statements
- Expert reports
2. Filing a Claim
Your lawyer will help you draft a statement for the claim, outlining the case facts, the harm you suffered, and the compensation you seek. Along with the statement of claim, you’ll need to provide the supporting documentation. Your lawyer will then file the claim in court, and the defendant will be served with the claim and allowed to respond.
3. Mediation and Settlement Negotiations
Many emotional distress claims are resolved through mediation or settlement negotiations before trial. Both parties work with a neutral mediator during mediation to reach a mutually acceptable resolution. Your lawyer will negotiate on your behalf to ensure you receive fair compensation. Settlements can save time, money, and the emotional toll of a trial, but guaranteeing the offer adequately compensates you for your harm is the top priority.
4. Examinations for Discovery
This is where the lawyers will be given the opportunity to review all relevant documents and question the opporsing parties under oath to assist in learning the “case to meet” and trying to identify and possibly narrow the issues in dispute.
5. Trial Process and Potential Outcomes
If no settlement is reached, your case will proceed to trial. Both sides will present their evidence and arguments to a judge or jury during the trial. Your lawyer will present your case, and the defendant’s legal team will present their defense. After hearing both sides, the judge or jury will determine whether the defendant is liable for your emotional distress and, if so, the compensation you could receive.
Legal Support for Emotional Distress Claims
Emotional distress claims are vital for seeking justice in Canada, with compensation depending on factors like severity, duration, and impact on daily life. The legal process involves filing a claim, negotiating settlements, and potentially going to trial. If you have a valid claim, seek legal guidance promptly.
At David Hollingsworth, we offer free consultations to evaluate your case and guide you through the process. Pursuing an emotional distress claim can be challenging but rewarding. With the proper legal representation, you can achieve justice and fair compensation. Contact us today to take the first step toward recovery.
