Establishing Emotional Distress in Ontario Personal Injury Claims

When pursuing a personal injury claim, many individuals focus on the physical injuries they sustained. However, emotional distress can also play a significant role in the overall impact of an injury. Proving emotional distress in a personal injury case can be complex, but it is essential for securing the compensation you deserve. If you find yourself in this situation, consider consulting with a long-term disability lawyer in Ajax who can guide you through the process.

Understanding Emotional Distress

Emotional distress refers to the psychological suffering that an individual experiences because of an injury or traumatic event. This can include anxiety, depression, insomnia, and other mental health issues. In personal injury cases, emotional distress claims are often categorized into one of two categories. These are:

• negligent infliction of emotional distress: This occurs when a defendant’s negligent actions cause emotional harm to the plaintiff. For example, if a person is involved in a car accident due to another driver’s negligence and subsequently suffers from anxiety or depression, they may have a claim for emotional distress.
  

• intentional infliction of emotional distress: This type of claim arises when the defendant’s intentional or reckless conduct causes severe emotional distress to the plaintiff. This could involve actions such as harassment or extreme and outrageous behaviour.
  

Legal Requirements for Emotional Distress Claims

To prove emotional distress in a personal injury claim, you must demonstrate several essential factors:

1. Proof of the Underlying Injury

To claim emotional distress, there must be a physical injury or an event that caused the emotional suffering. The emotional distress is typically tied to the physical injury, making it essential to document all aspects of the injury and how it has affected your mental health.

2. Documenting Emotional Impact

Detailed documentation is crucial in proving emotional distress. This can include:

• medical records: Seeking treatment from mental health professionals can provide evidence of your emotional state. Therapy records, prescriptions for anxiety or depression medications, and any diagnoses can help substantiate your claim.
  

• personal journals: Keeping a journal that details your emotional experiences can be beneficial. Documenting your feelings, thoughts, and changes in behaviour can provide a narrative that supports your claim.
  

• witness testimony: Statements from friends, family, or coworkers who have observed changes in your behaviour can serve as valuable evidence. Their testimonies can illustrate how the injury has impacted your daily life.
  

3. Expert Testimony

In many cases, the testimony of a mental health professional can be critical. An expert can provide insight into the nature of your emotional distress and its connection to the injury. Their professional opinion can lend credibility to your claim.

4. Severity of Distress

The severity of the emotional distress is also a critical factor. Courts typically look for evidence that the emotional suffering is severe and has significantly impacted your life. This can include evidence of how the distress has affected your personal relationships, work performance, and overall quality of life.

Key Case Law Shaping Emotional Distress Claims

Canadian courts have gradually expanded the recognition of emotional distress as a compensable injury in tort law, with several landmark cases shaping the legal landscape. In Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 (CanLII), the Supreme Court of Canada acknowledged that mental injury can be a legitimate basis for damages. However, the Court ruled against the plaintiff, finding that his psychological reaction—triggered by discovering a dead fly in a water bottle—was not reasonably foreseeable to a person of ordinary fortitude. In personal injury law, this phrase helps judges decide whether someone should be held responsible for causing emotional harm. It means asking:

Would a typical, emotionally stable person be seriously affected by what happened?

• “Reasonably foreseeable” means the emotional harm was something a person could expect or predict might happen.
  

• “Person of ordinary fortitude” refers to someone with regular emotional strength—not unusually sensitive or unusually tough.
  

So, if an event would likely cause serious emotional distress to a regular person, the court may say the harm was foreseeable—and the person responsible could be held legally accountable.

This case established that foreseeability and seriousness of harm are critical thresholds for mental injury claims.

Nearly a decade later, the Court revisited and refined this standard in Saadati v. Moorhead, 2017 SCC 28 (CanLII). In this case, the Court ruled that a plaintiff does not need to prove a recognized psychiatric illness to recover damages for mental injury. Instead, the focus should be on whether the injury is serious, prolonged, and rises above ordinary emotional disturbances. The Court emphasized that mental and physical injuries should be treated equally under negligence law, and that credible lay testimony can be sufficient to establish psychological harm.

Together, these cases underscore the evolving approach of Canadian courts toward emotional distress, balancing the need for legitimate compensation with safeguards against speculative or trivial claims.

Consulting a Long-term Disability Lawyer in Ajax

Navigating the complexities of proving emotional distress in a personal injury case can be daunting. Hiring a long-term disability lawyer in Ajax can provide you with the expertise needed to build a strong case. They can assist in gathering the necessary documentation, connecting you with mental health professionals, and ensuring that your emotional suffering is adequately represented in your claim. If you or a loved one is dealing with the aftermath of an injury that has led to emotional distress, it is essential to seek legal counsel. The experienced team at Kelly Greenway Bruce is ready to help you navigate the legal landscape and fight for the compensation you deserve.

From Pain to Proof: Building a Strong Emotional Claim

Proving emotional distress in a personal injury case requires careful documentation and a clear connection between the injury and the emotional suffering. With the right legal support, you can effectively present your case and seek the compensation necessary to heal and move forward. Remember, you are not alone in this journey; professional help is available to guide you through the complexities of your claim. Don’t hesitate to reach out for a consultation and take the first step toward securing your future.