Can Emotional Distress Be Included in a New Jersey Personal Injury Claim?
After a serious accident, the physical injuries are often obvious, but the emotional impact can be just as significant. Anxiety, depression, insomnia, and post-traumatic stress can disrupt every aspect of your life. If you’re pursuing compensation after an accident in New Jersey, you may be wondering whether emotional distress can be included in your personal injury claim. Continue reading for more information and work with a knowledgeable Warren County personal injury lawyer for skilled legal advice today.
Emotional distress refers to the psychological and emotional suffering that a person experiences as a result of a traumatic event, injury, or stressor. It is a broad term encompassing a range of negative emotional responses that go beyond ordinary sadness or worry.
This suffering can manifest in a variety of ways. Common symptoms include:
In severe cases, a person might develop complex conditions like Post-Traumatic Stress Disorder (PTSD) or require professional psychological treatment. Essentially, emotional distress is the disruption of a person’s mental and emotional health, significantly impacting their daily life and overall well-being.
For example, consider a man who was involved in a devastating car accident. He sustained several physical injuries, all of which healed over the course of several months following the accident. However, he now experiences extreme fear and panic whenever he tries to get behind the wheel or sees a vehicle approaching too fast. The memory of the crash replays constantly, leading to debilitating anxiety and insomnia. He avoids driving entirely and experiences daily mood swings and irritability. This emotional distress has severely limited his independence and enjoyment of life.
Yes, emotional distress is a compensable type of damage in a New Jersey personal injury claim, given that it is properly documented and linked directly to the negligent actions of the defendant.
In New Jersey law, damages are typically categorized as economic (quantifiable losses such as medical bills or lost wages) and non-economic (intangible losses such as pain and suffering). Emotional distress falls under non-economic damages.
To successfully recover compensation for emotional distress, it must be more than just temporary worry or unhappiness. Instead, it needs to be a verifiable and significant psychological injury. The argument is strengthened by objective medical evidence. This means seeking treatment from licensed mental health professionals who can diagnose the condition and provide testimony or documentation connecting the diagnosis to the accident. Without this professional documentation, it becomes difficult to prove the validity and extent of the emotional distress to an insurance adjuster or jury.
A skilled personal injury attorney can guide you in gathering the necessary evidence to maximize your compensation for both physical and psychological harm.
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