Psychological Injury

Psychological Injury Claims in Canada:

If you’ve experienced emotional or mental distress due to someone else’s negligence—whether in a car accident, workplace incident, or traumatic event—you may be eligible to claim compensation under Canadian law. Psychological injuries, though invisible, can be just as serious as physical ones and are recognized in Canadian courts.

This manual will guide you through what a psychological injury is, evidence you will require, Canadian average rates of compensation, and how you can utilize legal aid.

Do You Have a Psychological Injury Claim in Canada?

Yes. In Canada, if another person owed you a duty of care and violated it and injured you psychologically, you can claim damages. This will generally apply in most cases:

A driver who causes a traumatic collision
An employer in denial of a psychologically safe workplace
Being exposed to abuse, harassment, or violence

Canadian law

For example, provincial Occupational Health and Safety Acts, puts a legislative duty on employers for a psychologically safe workplace. If you have been bullied, harassed, or exposed to violence at the workplace and experienced consequences to your mental health, you may bring an action for personal injury.

What Kinds of Psychological Injuries Can You Sue For?

Psychological injuries are often diverse, and Canadian courts have acknowledged numerous types, including:

Common Mental Health Conditions:

Generalized anxiety disorder (GAD)
Clinical depression
Panic attacks or phobias
Sleep disturbances (e.g., insomnia and nightmares)
Emotional numbness, shame, or anger
Personality changes and social withdrawal

Post-Traumatic Stress Disorder (PTSD):

PTSD usually follows exposure to a traumatic or life-threatening situation. Characteristic symptoms include:

Flashbacks and intrusive thoughts
Hypervigilance and irritability
Avoidance of reminders
Difficulty concentrating or sleeping
Emotional detachment

To substantiate your claim, formal diagnosis by an expert psychiatrist, psychologist, or doctor is generally required.

Examples of Situations that Can Cause Psychological Claims

There are several examples of actual situations in which psychological harm can be endured. Some illustrations based on actual Canadian cases are:

Car accidents, particularly where sustained trauma continues to exist despite recovery from physical injury
Harassment or bullying at work, leading to anxiety or depression
Sexual or domestic violence, involving emotional coercion or coercive control
Accidents involving violence or witnessing violent accidents
Scarring or disfigurement with a permanent impact on self-esteem or public confidence

What Evidence Do You Need?

Your claim’s success relies on the evidence you are able to present. Main documentation is:

A professional medical diagnosis by a health specialist
Police or workplace accident reports (where appropriate)
Witness statements by colleague, relative, or passer-by
Photographs or video if they are related to the traumatic event
Daily symptom and effect on your life diary
Records of lost wages, cost of medications, and counseling

How Much Compensation Can You Claim in Canada?

It will depend on the severity and duration of your mental state. The courts categorize awards into:

General Damages: For emotional distress, loss of enjoyment of life, and pain

Special Damages: For out-of-pocket costs like therapy, medication, or lost income

Estimated Ranges of Compensation (based on Canadian precedent):

Severe psychological trauma: $100,000 – $300,000+
Mild to moderate depression or PTSD: $50,000 – $100,000
Anxiety disorders mild to moderate: $20,000 – $50,000
Short-term psychologically distressing: $5,000 – $20,000

Example: In Saadati v. Moorhead, 2017 SCC 28, the Supreme Court of Canada again made it clear that psychological injuries do not need a physical injury in order to be compensable, if they are “serious and prolonged” and accompanied by expert opinion.

How Long Do You Have to File a Claim?

Each province does have a limitation period, but the majority of claims of psychological injury must be brought within two years from the date or from when you reasonably became aware of the injury.

Exceptions will apply in the following circumstances:

The victim was a child
The person was mentally incapacitated
The trauma was only discovered much later (e.g., in some PTSD or abuse situations)
Always seek the advice of a legal expert early in order not to lose out on deadlines.

How Long Does the Process Take?

The timeline is flexible:

Simple cases (clear negligence, strong medical evidence) may settle in 6–12 months.

Complex cases with disputed liability or delayed effect may take 1–2 years or more, particularly where court action is involved.

Do You Need a Lawyer?

You have the right to represent yourself, but psychological injury claims may be tricky without counsel. Lawyers assist by:

Scheduling professional psychological evaluations
Seeking supportive evidence
Negotiating with insurance companies
Standing before the judge for you, if need be
Working on a contingency fee (you pay them only if they win your case)

Take the First Step Toward Justice

If you feel that you’ve been subjected to psychological damage as a result of another person’s actions or inaction, you don’t have to face it by yourself.

We’ll hear you out, outline your possibilities straightforwardly, and—if your claim is valid—present you with a specialist personal injury solicitor who practices on a no-win, no-fee basis.

Don’t want to call? You can also complete our contact form or chat with us live on our site.

Psychological Injury