Why psychological injuries are hard to prove in PI cases - Why you need a lawyer

December 11, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Psychological injury claims - such as PTSD, anxiety, depression, or cognitive- and mood-related impairments - are among the most challenging types of personal injury cases. They often involve invisible injuries that are subjective in nature, making it harder to prove fault, causation, and damages. If you’ve been injured in an accident, you deserve representation from a firm that understands both the science of mental health and the realities of civil litigation. Deutschmann de Koning Law offers that combination of expertise and tenacity to advocate for your rights.

Why psychological injury claims are hard to prove

• Causation is complex. A central question is whether the incident caused the psychological harm or if it pre-existed or was amplified by other stressors (work pressures, family issues, prior trauma). Establishing a direct causal link requires careful medical and psychological evaluation, a thorough timeline, and evidence showing that symptoms began or worsened after the incident.

• Symptoms are subjective. Unlike a broken bone, symptoms like intrusive thoughts, anxiety, or mood swings cannot be measured with a simple test. Courts rely on medical opinions, functional impairment, and how symptoms affect daily living and work. The reliability and consistency of self-reported symptoms can be scrutinized by defence counsel.

• Pre-existing conditions and life events. Many clients have prior mental health histories or ongoing stressors that complicate the claim. The defense will scrutinize pre-incident records, medications, therapy notes, and prior diagnoses to argue that the psychological injuries are not wholly attributable to the accident.

• Evidence and documentation gaps. Proving psychological injury often requires ongoing treatment records, therapy notes, cognitive and occupational assessments, and sometimes neuropsychological testing. Delays in seeking treatment or gaps in treatment can hinder credibility and the ability to quantify damages like lost income or diminished enjoyment of life.

• Damages and valuing non-economic loss. Mental and emotional harms are inherently intangible. Establishing the magnitude of pain and suffering, loss of enjoyment of life, and potential long-term impairment demands a persuasive narrative supported by expert testimony and real-world impact on daily functioning.

• Defence strategies and jury perception. Insurance companies and defence lawyers may question the severity of symptoms, imply exaggeration, or highlight other contributory factors. They may also challenge the need for ongoing psychological care or argue that treatment costs are not reasonable or necessary.

Why you need an experienced lawyer at Deutschmann de Koning Law

• Strategic case development. Our attorneys build a focused theory of liability and damages, aligning the accident facts with credible psychological evidence. We coordinate with clinicians to produce a coherent, defendable narrative for the jury or judge.

• Expert collaboration. We work with respected mental health professionals - psychologists, psychiatrists, and neuropsychologists - who can provide objective diagnoses, explain causation, and quantify impairment. We prepare experts to convey complex concepts in clear, layperson terms.
• Meticulous evidence collection. From accident reports and medical records to therapy notes, daily living diaries, and vocational assessments, we assemble a comprehensive evidentiary foundation that supports both liability and damages.
• Skilled handling of defences. Our firm anticipates common defence arguments (pre-existing conditions, life stressors, treatment costs, and credibility questions) and develops robust responses, backed by data and expert insights.

• Trial readiness and settlement acceleration. Whether pursuing settlement or trial, we prepare persuasive presentations, including client testimony, expert reports, and demonstrative evidence, to maximize value while protecting you from unnecessary risk.

If you or a loved one is facing a psychological injury after an accident, consult with Deutschmann de Koning Law for a no-cost, comprehensive evaluation. We’ll review your case, explain your rights, and outline a plan to pursue fair compensation for medical expenses, lost wages, and the true impact on your life. This is a sensitive, long-term injury - let experienced counsel guide you through the process with care and tenacity.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.