Proving Psychological Injury in Alberta Personal Injury Cases: What Courts Require

Have you been feeling overwhelmed or anxious after a car accident, but confused about what compensation you may be entitled to since you weren’t physically injured?

Immediately following an accident, physical injuries are often cared for first. However, emotional injuries can cause more damage and outlast the impact of many physical injuries. Experiencing an accident is widely recognized as something that can cause trauma; for instance, research from the National Library of Medicine suggests that car accidents are the primary cause of PTSD in the general population. If you or a loved one are suffering from symptoms of psychological distress following an accident, there are legal options available to help you.

Can I Receive Financial Compensation for Emotional Distress?

Courts will award damages to people suffering both physical and emotional injuries after an accident, and it is certainly possible to receive compensation for psychological injury alone. The specific amount of compensation available to you depends on the severity of the symptoms you are experiencing. In Alberta, a limit has been placed by the Government on the amount of damages that can be received following minor injury in an accident. As of 2025, this minor injury cap was $6,182. However, if you are experiencing long term impairment or symptoms that significantly impact your daily functioning, it is possible to receive compensation beyond this cap.

Process to Successful Compensation for Emotional Distress

The “invisible” nature of emotional injuries can sometimes make receiving adequate compensation challenging, but at KMSC Law we are prepared to guide you through the process. A successful emotional distress claim must establish causation. This links the actions of the person at fault to the harm the injured party is suffering. Essentially, legal counsel must prove that the injured party would not be experiencing emotional distress if the accident had not occurred, or that any preexisting emotional distress was significantly worsened by the accident.

To successfully establish causation, the following things are recommended:

• Medical Documents: it is important to be examined by a medical professional soon after the accident occurred, even if the accident did not cause any physical injuries. This allows for the assessment and diagnosis of conditions such as depression, anxiety, and PTSD. While not the only form of evidence courts will consider, documentation of these assessments can be important evidence in establishing that the emotional suffering of the injured party directly resulted from the accident.
  • In a recent Supreme Court Case, Saadati v Moorhead, it was specified that a psychological injury does not need to be medically diagnosed to receive compensation. This means that these documents are not explicitly necessary, but are still recommended due to the powerful evidence they can provide.
• Evidence from Experts: medical professionals (therapists, family doctors, psychiatrists) can provide opinions confirming the impact of emotional suffering on your quality of life and confirm whether this emotional suffering is inherently linked to the accident.
• Witness Testimony: Alongside professionals, other individuals in the life of the injured party (family and friends) can testify to describe the impact of the emotional distress. This testimony may describe how the injured party has negatively changed since the accident, ranging from general changes in personality to specific changes in work performance.
• Personal Testimony: A personal explanation of the pain you are experiencing can be compelling evidence used to justify the compensation you deserve. It can be overwhelming to explain something that is so broadly and profoundly affecting your life. Keeping a journal detailing the specific impacts of your emotional suffering can be helpful to order your thoughts and evidence your claim. For instance, if you were injured on your commute to work and now feel significant anxiety travelling this route, you could note each day that this occurs and describe how it negatively impacts your work performance.

All of the above recommendations help to demonstrate that your psychological suffering was caused by the accident you experienced. The Injury Team at KMSC Law is experienced in building your case to prove the causal link between the accident and your emotional distress or psychological injury.

First Steps to a Successful Claim

It is crucial to act as soon as possible if you believe you may be entitled to compensation for an emotional injury. Subject to certain exceptions, you will have two years from the date of the incident or from when you discovered your injury to file a personal injury claim. At KMSC Law, we offer free personal injury consultations to help you better understand your legal options based on the specific details of your case. These consultations can provide simplicity and clarity to a confusing process, giving you an idea of what your next steps should be.