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At Zayouna Law Firm, we really take the time and go the extra step to get personally acquainted with our clients and their situations.

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Psychological/Mental Distress

What is mental anguish litigation?

Mental health is just as important as physical health, but it remains an “invisible” illness or disability that is difficult to prove, let alone claim insurance benefits, compensation, and justice for. But that ends here. 

Whether your disability claim has been denied or the responsible party is yet to be brought to justice, Zayouna Law Firm can help you claim damages for your suffering. It may be impossible to put a price on trauma. A mental anguish claim allows you to recover compensation to focus on your well-being and ease the emotional and financial burden of psychological distress.

Why You Need a Lawyer for Psychological and Mental Distress

Did you know that mental health is the leading cause of workplace disability? Insurance providers and companies rarely recognize this, often denying rightful benefits. 

In the face of trauma, the last thing you need is the burden of proving it exists — its debilitating impact on your well-being and productivity. While physical ailments can be quickly diagnosed, there are countless barriers to proving psychological and mental distress. 

A legal claim allows you to illustrate psychological and mental distress and make this “invisible” disability visible. The compensation you are awarded can go towards lost wages, therapies, and other costs of mental illness or trauma and relieve the burden of workplace absences and gaps in productivity.

Types of Psychological Distress Claims

  • Grief and trauma from the death of a loved one
  • Workplace stress, harassment, and wrongful termination
  • Motor vehicle and other types of accidents
  • Medical malpractice
  • Injuries from defective products
  • Dog and animal injuries
  • False arrest and unlawful imprisonment
  • Sexual abuse and assault.

Compensation for Psychological Distress

A mental anguish claim helps you carve a path forward towards healing and recovery. It allows you to recover damages — resources for dealing with the psychological impact of accidents, harassment, and other traumatic events. Earn compensation for:

  • Medical expenses
  • Pain and suffering
  • Emotional anguish
  • Loss of enjoyment of life
  • Medical expenses.

Who can file a psychological distress claim?

Have you recently been in an accident, suffered the loss of a loved one, or learned of a family member’s ordeal with abuse and trauma? These life-altering events can take a toll on you and your well-being.

Eligible Mental Health Conditions

The first step to seeking justice and restoring your quality of life is recognizing psychological and mental distress signs. These include:

  • Depression: loss of interest or pleasure in usual activities, feelings of sadness, lack of motivation, suicidal ideation, and sleep, concentration, and appetite problems
  • Anxiety: anxiety attacks, nausea, racing heart, shaking, and difficulties with sleep and cognition
  • Mood disorders: bipolar disorder or alternating mania and hypomania mood states, and substance-induced mood changes
  • Chronic illnesses: distress from chronic conditions such as diabetes, fibromyalgia, and cancer, and intractable pain, headaches, and other discomfort.

Claiming Disability Benefits and Damages

You don’t — and shouldn’t — have to suffer alone and in silence, on top of the financial strain of being unable to work. These psychologically distressing conditions are grounds for a mental anguish claim against the responsible party and your insurance provider.

Aside from proving the responsible party’s liability, claiming disability insurance benefits is one of the biggest emotional and financial recovery barriers. Unfortunately, insurance providers rarely make it easy. 

You are required to prove that you are receiving appropriate treatment and that your condition has a severe impact on your well-being and productivity. Often, these only worsen the burden, resulting in even more severe outcomes. If you have been previously denied disability benefits, you can claim damages that will finally end your suffering and enable you to access the necessary resources for restoring your quality of life.

Our Psychological Distress Lawyer Process

At Zayouna Law Firm, we value mental health, and we’re here to help protect yours. We firmly believe that no one should suffer in silence, especially due to trauma caused by reckless, negligent, and callous actions, as well as continued denial of psychological distress as a disability. See how we help you claim damages for mental anguish:

  1. Consultation: Did you survive a trauma, abuse, workplace harassment, or other psychologically distressing situation? Zayouna Law Firm offers a free consultation in a safe and respectful space for discussing these events and their resulting mental health impact. Our personal injury lawyers can advise you if you have a viable claim or lawsuit for mental anguish.
  1. File your mental anguish claim: As we commence legal action for your psychological distress claim, we will represent you in all court proceedings and settlement negotiations. We strive to build a strong claim for denied disability benefits and damages against the at-fault party by submitting proof and expert testimony for emotional and financial impacts.
  1. Resolution: We strive to deliver the best outcome for your psychological distress claim. Zayouna Law advocates for you in and out of the courtroom to pursue denied and delayed claims, as well as restitution from the at-fault party. While seeking legal recourse, we also work with mental health professionals to prove your suffering and connect you to vital resources. Following our contingent fee schedule, if we cannot recover damages from your claim, we do not charge fees.

Zayouna Law Firm Cares About Your Mental Health

Our team of psychological distress lawyers, clerks, and partner medical professionals all firmly believe that mental health matters. We advocate for your total well-being in and out of the courtroom to aid your recovery and ensure you are supported on your mental health journey. Through our vast expertise in psychological distress law and personal injury law, we can help restore and rebuild your life.

  • Results: Zayouna Law Firm has a strong track record of successful psychological distress and other personal injury claims. We offer the full breadth of our vast legal expertise and client advocacy, from your initial consultation to court hearings and settlement negotiations. Our goal is your recovery and well-being through substantial compensation for your suffering.
  • Relationships: Our professional affiliations with the Ontario Trial Lawyers Association and the Ontario Bar Association are a testament to our legal expertise. But more than these, we value our relationships with our community and each of our clients. Our promise is a personalized approach to every case, constant communication, and full participation in the legal process.
  • Recovery: The true cost of mental anguish may be impossible to determine accurately, but we do our best to ensure you receive substantial compensation. We advocate for the full extent of damages you can claim to provide you with resources vital to your recovery and healing.

Frequently Asked Questions About Mental Anguish Claims

While psychological distress cannot be proven through x-rays and other standard diagnostic procedures, a personal injury lawyer can work with mental health professionals to prove your claim or lawsuit.

Successful psychological distress claims prove that your trauma or mental distress was a foreseeable result of another party’s negligence, and that the psychological injury is a recognized psychiatric disorder. Your claim must be supported by psychiatric or psychological evaluations presented in court.

Despite mental health being the leading cause of workplace disability, insurance providers make it difficult to claim benefits. Often, they cite difficulty in proving psychological distress because it is unseen, unlike a physical injury. Even when they do grant a disability claim, they require extensive proof of a psychiatric order diagnosis and treatment before approving sometimes only partial or severely delayed benefits.

As a general rule, it is best to seek legal action for psychological distress as soon as possible. However, certain causes for psychological distress claims such as sexual assault no longer have a statute of limitations in Ontario. This means you can file a civil lawsuit many years after the fact. Keep in mind, though, that certain pieces of evidence can expire and become unusable.

Yes, you can pursue both types of legal action. A criminal suit can result in jail time for the responsible or negligent party, which removes them from society and prevents them from hurting you or anyone else. A civil suit allows you to seek financial compensation for the physical, emotional, and psychological suffering they have caused you. 

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