Compensation for Stress, Depression or Anxiety After an Accident

Everyone responds in his or her own unique way to the challenges presented by a serious accident. Some people recover quickly after moving past the pain and intensive treatment that characterize the early aftermath of an injury. For others, however, recovery occurs neither quickly nor at an even pace. Some people encounter the most severe challenges weeks or months after a traumatic injury.

At Murphy Battista LLP, helping people get their lives back lies at the core of everything we do. This applies to your emotional and psychological well-being as well as physical recovery and financial compensation for your injuries.

Legal and Practical Advice About Psychological Injuries

The emotional and psychological impacts of an accident can often be diagnosed, treated and shown to be related to the traumatic incident itself through reliable expert evidence. Psychological symptoms can also reflect the pain and disability associated with the injuries, or emotional problems of adjustment to a period of diminished physical or cognitive capacity.

In many cases, our lawyers ask clients to seek help for depression to ensure they receive effective treatment, and also to identify any other mental or emotional problems that are linked to the accident. These mental and emotional issues include:

  • Post-traumatic stress disorder (PTSD)
  • Anxiety or panic disorders
  • Cognitive deficits in memory, high-order reasoning, appropriate affect or behaviour, or other essential functions
  • Aversion disorders such as heightened fear of dogs after a serious biting injury or a fear of driving after a car accident
  • Pain disorders, including fibromyalgia, that are associated with depression and other psychological problems

Proving the mental or emotional aspects of an injury claim can be difficult, but your legal team at Murphy Battista has extensive experience with these issues. To learn how you and your family can benefit from our legal and practical understanding of psychological damages in the injury claims compensation process, contact our office.


Mild Traumatic Brain Injury and Personality Changes

April 7, 2015

World News Videos | US News Videos Recently our firm was involved in a case that has received a fair amount of publicity, most notably from The Province and ABC News. Our client had suffered a mild traumatic brain injury as a result of a car accident that occurred while…

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Head injury? Always consult a lawyer

July 3, 2014

It is generally in your best interest to get legal advice when you’ve been injured in a car accident. In two recent episodes of AM 650’s The Law Show we discussed situations and types of injuries where it’s particularly important to consult a lawyer before making decisions about how to…

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A Former Quarterback’s Concussion Experience

October 27, 2014

Kevin Kolb is an NFL quarterback best known for his time with the Philadelphia Eagles and Arizona Cardinals.  He is now 30 years old and is not on an NFL roster this year having been released by the Buffalo Bills in March. In a Sports Illustrated story last week, Kolb writes…

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Trial Results

Disclaimer: The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.

John M. Cameron and Paul Bosco acted for Mr. Niessen, who was the sole proprietor of a plumbing-and-heating company. Mr. Niessen sustained significant injuries (head, neck, and lower back) when his vehicle was struck by a vehicle that crossed the centre line of a highway and these injuries affected all areas of his life. The main issue at trial was the degree to which Mr. Niessen’s ability to earn income had suffered as a result of his injuries. ICBC took the position that there was a lack of documented evidence to support this loss. However, the court accepted Mr. Cameron and Mr. Bosco’s arguments that Mr. Niessen’s history of skill and ability in his industry, his business records, and the witness called on his behalf including former co-workers and customers, all were sufficient to prove that a significant loss had occurred. In the end, the Court awarded over $840,000 for this loss of earning potential. Overall, the court awarded Mr. Niessen just over $1.2 million, which was almost triple the amount the insurance company had argued Mr. Niessen deserved.

Scott Stanley acted for the plaintiff in this case involved physical and psychological injuries sustained by a 49 year-old pedestrian on a sidewalk when a driver lost control while attempting to park, drove onto the sidewalk, and pinned the pedestrian against a wall. The pedestrian required three surgeries and had significant limitations with work as a teaching assistant and day-to-day living. The court awarded $1,064,682.07.

Kevin Gourlay and Paul Bosco acted for a 46-year-old tradesman who sustained injuries to his head, neck and back in a head-on collision. The plaintiff also claimed compensation for psychological injuries. He was initially denied benefits by ICBC who said that it was a WCB issue. Having overcome that defence, the plaintiff proceeded to trial and recovered damages of $724,000, including $150,000 for pain and suffering and $400,000 for lost earning capacity.

Bill Dick and Keri Grenier acted for a plaintiff who was 17 years old when she was struck in a crosswalk by a pickup truck driven by the defendant. The plaintiff’s principal issues following the injury included ongoing dizziness, headaches, anxiety and depression. At issue was whether the plaintiff suffered a mild traumatic brain injury, and whether her ongoing complaints were related to the accident or to other psychosocial stressors in her life as alleged by ICBC. After a two week trial the Court awarded damages totalling $347,581. The judgment included damages for loss of future earning capacity of $175,000.

This case involved mild and moderate brain injuries sustained by two passengers when the driver of their vehicle lost control on the highway and crashed into a ditch.  The court awarded $943,889.36 and $1,525,404.77, respectively.

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