Can Psychological Injuries Be Compensated in a Personal Injury Case in New Jersey?

Psychological injuries can be just as serious and life-altering as physical ones. These mental conditions can affect your ability to work, maintain relationships, and enjoy daily life. If your emotional or mental suffering was caused by someone else’s negligence, you may have the right to pursue compensation under New Jersey law. To learn more about how psychological injuries are compensated in New Jersey, continue reading and consult with an experienced Warren County personal injury lawyer today.

What Are Psychological Injuries?

Psychological injuries, also referred to as emotional distress or mental anguish, include a range of non-physical conditions that arise directly from a traumatic or negligent event. Unlike physical wounds, these injuries affect a person’s mental and emotional well-being.

The impact of these injuries can be profound and debilitating, often interfering with every area of life. They can severely impair a person’s ability to work, lead to the loss of enjoyment of life, strain personal and professional relationships, and require extensive long-term therapy and medical intervention. A person suffering from a psychological injury may find it nearly impossible to perform daily activities that were once routine.

Examples of psychological injuries commonly claimed in New Jersey personal injury cases include Post-Traumatic Stress Disorder (PTSD), severe anxiety, chronic depression, phobias related to the traumatic event, panic attacks, and sleep disorders.

Can Psychological Injuries Be Compensated in a Personal Injury Case in NJ?

Yes, psychological injuries are generally compensable in a New Jersey personal injury case, given that certain criteria are met. New Jersey law recognizes that emotional and mental harm caused by another party’s negligence is a legitimate form of injury, separate from purely physical wounds. The compensation you may receive falls under the category of “pain and suffering” damages.

To successfully claim damages for psychological injuries, the claimant must typically demonstrate both causation and medical evidence of the condition.

1. Causation: There must be a direct link between the defendant’s negligent act or traumatic event and the resulting psychological injury. The injury must be a foreseeable consequence of the negligent act.
2. Severity/medical evidence: The psychological injury must be significant, not just temporary distress or fleeting sadness. It must be diagnosed and documented by a qualified medical or mental health professional, such as a psychiatrist or psychologist. Evidence typically includes detailed treatment records, professional diagnoses, and testimony outlining the prognosis and impact on the victim’s life.

In most cases, compensation for emotional distress is sought along with a physical injury. However, in certain limited circumstances, a claim for negligent infliction of emotional distress may be filed alone, especially if the emotional trauma is severe and medically verifiable. A skilled attorney is essential to establishing the necessary legal framework and medical proof required for a successful claim, so contact a legal professional at Pezzano Law Group, Division of Laddey Clark & Ryan today.