By
Pace Law

Compensation for mental anguish and pain and suffering exacerbated by the Covid-19 lockdown

May 3, 2020

Compensation for, say, a broken leg is easier to claim. There are witnesses who saw you fall, the X-ray that proves the fracture and a relatively clear understanding of what caused the fall. Mental anguish and pain and suffering are equally deserving of compensation but they are more difficult to prove in court.

What is a mental anguish /pain and suffering lawsuit?

A mental anguish lawsuit is a claim for the emotional and psychological injury a person has suffered due to the negligence or intentional acts of another. Pain and suffering borne from psychiatric harm can manifest in a number of ways and are different for different people.

  • Anxiety and paranoia
  • Insomnia
  • Depression
  • Inability to express emotions
  • PTSD
  • Fears and phobias
  • Breakdown of relationships
  • Loss of productivity

A recent case involving an ice hockey accident in which the victim was awarded $700,000 was predominantly a mental anguish lawsuit.

Proving a mental anguish claim

The claimant must show that they have suffered a serious mental or psychiatric injury.

  • The psychological injury was caused by the negligence or actions of the defendant
  • The injury/disorder is confirmed by a medical practitioner

Our personal injury lawyers regularly work with victims to effectively establish the pain and suffering they have undergone as a result of the negligence of the defendant. We work with healthcare professionals and former insurance professionals to present a strong case.

Read more

How long do you have to sue? | How long does a personal injury lawsuit take? | What is a tort claim?

 

Pain and suffering compensation after an injury claim

The limitation period for a personal injury claim starts once the injury is discovered. It is not uncommon for victims to discover the full extent of their injuries months after the incident and insurance compensation is paid out.  

Psychological conditions in particular can manifest or become obvious only after the dust has settled. In that case, a victim is entitled to pursue a personal injury lawsuit for the pain and suffering.

How Covid-19 might affect pain and suffering compensation

With the healthcare system under tremendous stress from the influx of Covid-19 patients, accident victims are facing a longer wait for treatment. Those in recovery may have been denied rehabilitative treatment. Most accident victims will suffer greater mental anguish due to emotional distress of delayed treatment, and exacerbated pain and suffering and financial hardship due to the Covid-19 lockdown. Speak to a personal injury lawyer at Pace Law Firm to understand the claim you have for the pain and suffering you have suffered.

Post-traumatic stress disorder and the mental anguish claim

Victims suffer from PTSD after traumatic accidents and incidents. PTSD is a medically diagnosed condition and medically recognized symptoms including anxiety, hyper-arousal and depression. If you or a loved one has suffered PTSD due to the actions of another, speak to a personal injury lawyer near you immediately. Medical evidence is vital to successfully establishing a mental anguish claim.  In fact, it’s not just accident victims but family members and loved ones who were in proximity to the accident who can suffer PTSD upon seeing a horrific accident scene or watching their loved one in a severely injured state.

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191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

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