No one likes talking to their personal injury lawyer about sex.
The nature, quality, and frequency of your sexual relations are typically taboo topics of conversation.
While sex may seem unrelated to your accident, many accident-related injuries cause changes in intimacy or sexual function. That makes your sex life legally relevant in an Ontario personal injury claim. Understanding why this information may matter—and how it is handled confidentially—can help you feel more comfortable communicating openly with your lawyer.
Why Is Sex Life Relevant In A Personal Injury Claim?
In Ontario personal injury law, plaintiffs can claim compensation for pain, suffering and loss of enjoyment of life caused by an accident.
All kinds of things are relevant to “loss of enjoyment of life” damages in a personal injury claim. Accident victims are quick to talk about hobbies they don’t get to enjoy anymore. For example, maybe they don’t get to hunt or fish as much after an accident, or maybe they can’t bike anymore.
But most people aren’t forthcoming about the accident’s impact on sex. Unlike our hobbies (most of which we enjoy seasonally or infrequently) the average person has sex 54 times a year. Obviously some do it more, and some less, but the point is this: if your sex life is worse after an accident, it can form a significant part of your loss of enjoyment of life claim.
“How often” isn’t the only question either. In addition to the frequency, serious injuries may affect:
- Quality and type of physical intimacy with a partner
- Sexual function or libido after an injury
- Fertility or reproductive health
- Emotional or psychological comfort with intimacy
What Are Some Injuries That Could Affect Sexual Health?
Certain types of injuries are more likely to affect one’s sex life than others. Examples include:
- Spinal cord injuries
- Pelvic or hip injuries
- Traumatic brain injuries (TBI)
- Chronic pain conditions
- Psychological injuries such as anxiety, depression, or trauma after an accident
Side effects of medications prescribed after a motor vehicle accident or other injury can also cause decreased libido or impaired sexual function.
If your injuries are affecting your sexual function, intimacy or relationships, your personal injury lawyer may ask questions about your sexual life so the full extent of your damages can be properly documented in your claim.
How Sexual Relationships Are Impacted After A Serious Injury
In some personal injury cases, the injured person’s spouse or partner may also experience the consequences of the injury.
Under Ontario personal injury law, family members may claim compensation for loss of care, companionship, and guidance. This sometimes includes the loss of intimacy within the relationship, which courts recognize as a real and measurable impact of serious injuries.
Will The Insurance Company Ask About Sex Life?
Possibly.
During the personal injury litigation process, the defence may explore how the accident has affected your daily life, including relationships. This can arise during:
- Medical assessments
- Examinations for discovery
- Expert medical reports
However, questions must still be relevant to the injuries and the personal injury claim. Your lawyer can object if questions become inappropriate or overly intrusive.
Is Everything Ones Tells Their Injury Lawyer About Your Sex Life Confidential?
Many clients hesitate to discuss sensitive topics because they are worried about privacy.
It is important to know that communications with your lawyer are protected by solicitor-client privilege. This means:
- Your discussions are confidential
- Your lawyer cannot share them without your consent
- The information is used only to protect and advance your personal injury case
Being honest allows your lawyer to anticipate potential issues and properly prepare your claim.
While the information you tell your lawyer about your sex life is confidential, your lawyer will likely recommend sharing this information with the other side if it supports your claim for damages related to loss of enjoyment of life.
Why is Honesty With Your Personal Injury Lawyer Matters?
Even if something feels uncomfortable to discuss, withholding information can create problems later in your case.
For example:
- A defence lawyer may raise the issue for the first time during discovery
- Medical records may reference related symptoms
- Your partner may be asked about changes in your relationship
If your lawyer already knows about these issues, they can prepare you for questions and address the issues strategically as a part of your Ontario personal injury claim.
Speak With a Personal Injury Lawyer About Your Case
If you have been injured in an accident in Ottawa or Eastern Ontario, you may have many questions about what information is relevant to your claim.
An experienced personal injury lawyer can help you understand:
- What details you need to disclose
- How the Ontario personal injury legal process works
- How your privacy is protected during litigation
Open communication with your lawyer ensures your case is properly prepared and that all aspects of your injuries and losses are considered when pursuing compensation after an accident.
