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Can you Sue for Emotional Distress


If you suffer from mental anguish after experiencing a traumatic event, you may be entitled to pursue legal remedies. Claims for emotional distress can be pursued as a result of injuries sustained from car accidents, slip or trip and falls, negligent treatment from a healthcare provider, or from witnessing a wrongful death. 

What is Emotional Distress

Emotional distress is mental suffering or anguish which is caused by someone else’s actions, either due to negligence or if the person intended to cause harm. 

Symptoms of emotional distress may include the following:

  • Depression
  • Anxiety
  • Shame or guilt 
  • Insomnia or nightmares
  • Flashbacks
  • Panic attacks
  • Fatigue
  • Chronic headaches
  • Weight gain or loss
  • Uncontrollable crying

Challenges Faced with Emotional Distress Claims

In order to successfully pursue a legal action, you must be able to prove that you have suffered mental anguish. Unlike physical injuries such as broken bones, emotional distress may not be easily observable to the average person and is a more challenging injury to prove in a court of law. 

Insurance companies are often skeptical of these claims as the symptoms can be subjective and difficult to measure. 

Evidence in support of proving your emotional distress claim could include medical records, prescription summaries, testimony from qualified experts such as a psychologist or psychiatrist, and from witnesses.

Seek Appropriate Medical Treatment

Ensure that you are receiving appropriate treatment from a qualified professional for your mental suffering. Treatment can include counselling, therapies and medications. A medical professional such as a psychiatrist or psychologist can testify and provide documentation and diagnoses to substantiate your claim of emotional distress. 

Retain a Lawyer to Represent You

Emotional distress can negatively impact your ability to work, your relationships, and your ability to carry out your activities of daily living and housekeeping responsibilities. 

Contact a personal injury lawyer if you have suffered emotional trauma or distress as a result of another person’s negligent or intentional actions. 

An experienced personal injury lawyer will be able to advise you about the merits of your claim, and help you gather the evidence that you need to prove your case in a court of law.

At Bogoroch & Associates LLP, our goal is to achieve the best possible result for you, while holding the responsible party accountable. We understand and sympathize with your condition, and we will marshal the evidence necessary to obtain the compensation for your losses that you are entitled to.


Bogoroch & Associates LLP is experienced in all aspects of personal injury and medical malpractice litigation. We have the confidence and skill to advance your accident or medical malpractice claim to settlement or trial while helping you navigate complex medical, legal, and insurance issues.

Our experience, commitment to excellence, and reputation have long been recognized. Our founding partner, Richard M. Bogoroch, has been recognized as a leading personal injury lawyer by The Canadian Legal Lexpert Directory and by The Best Lawyers in Canada. The Canadian Legal Lexpert Directory and The Best Lawyers in Canada are two highly regarded lawyer-rating publications.

If you or your loved one has been injured in an accident or believes that you are a victim of malpractice or negligence, reach out to a personal injury or medical malpractice lawyer to understand if you too have a claim. Please contact any of our personal injury lawyers at Bogoroch & Associates LLP for a free consultation.

Contact a personal injury lawyer near me by calling 1-866-599-1700 or visit our Contact page for all inquiries.

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