When people think about personal injury lawsuits, they often picture broken bones, hospital stays, and medical bills. But not all injuries are visible. Emotional and psychological harm can be just as devastating as physical injuries, and under New Jersey law, victims may be entitled to compensation for this type of suffering.
Emotional distress claims can be complicated because they require careful proof, expert testimony, and an understanding of how the courts evaluate intangible harm. For many injury victims, pursuing these claims is essential to achieving fair compensation.
What Counts as Emotional Distress?
Emotional distress refers to psychological suffering that results from another person’s negligence or wrongful conduct. It goes beyond ordinary stress or anxiety. Common forms include:
- Post-traumatic stress disorder (PTSD) after a serious accident or assault
- Depression and anxiety linked to life-changing injuries
- Sleep disturbances and nightmares caused by trauma
- Fear of driving or traveling after a motor vehicle accident
- Loss of enjoyment of life from chronic pain or disability
New Jersey courts recognize that these experiences have a profound effect on daily living and should be compensated when they result from another party’s negligence.
Proving Emotional Distress in New Jersey
Unlike a broken arm that can be confirmed with an X-ray, emotional injuries are harder to measure. Victims must demonstrate that their suffering is real, significant, and directly caused by the accident. Evidence may include:
- Medical records from psychiatrists, psychologists, or therapists
- Expert testimony from mental health professionals
- Prescriptions for antidepressants, anti-anxiety medication, or sleep aids
- Personal testimony from the victim describing the impact on their life
- Statements from family or coworkers about changes in behavior, mood, or abilities
The courts assess whether the distress is “severe” enough to justify compensation, looking at both the credibility of the evidence and its connection to the accident.
Types of Emotional Distress Claims
There are two primary types of claims recognized under New Jersey law:
- Negligent Infliction of Emotional Distress (NIED)
- Occurs when someone’s careless behavior causes another person psychological harm.
- Example: A driver runs a red light, nearly hits a pedestrian, and the pedestrian develops PTSD from the experience.
- Intentional Infliction of Emotional Distress (IIED)
- Arises when someone deliberately engages in outrageous conduct intended to cause harm.
- Example: Harassment, threats, or abuse leading to severe emotional suffering.
Both claims require clear proof of emotional harm, but intentional cases often carry higher standards for demonstrating extreme or outrageous conduct.
How Compensation Works
Emotional distress damages are part of non-economic damages in personal injury cases. Unlike medical bills or lost wages, they do not have a direct dollar amount attached. Instead, compensation is based on the seriousness of the suffering and its impact on daily life.
Victims may recover compensation for:
- Therapy and treatment costs
- Loss of enjoyment of life
- Mental anguish caused by trauma or permanent injury
- Pain and suffering, which often includes both physical and emotional suffering
New Jersey does not cap non-economic damages in most personal injury cases, meaning juries or judges can award compensation they believe is fair based on the evidence.
Special Considerations in New Jersey
Several factors make emotional distress claims unique in New Jersey:
- Zone of danger rule: People who are directly placed in harm’s way—even if not physically injured—may pursue emotional distress claims.
- Bystander claims: A person who witnesses a close relative being seriously injured or killed may seek damages for the emotional impact.
- Comparative negligence: If the victim is partly at fault for the accident, compensation may be reduced proportionally.
These rules make it important for victims to understand their rights and the nuances of state law.
Why Emotional Distress Claims Are Often Contested
Insurance companies and defense attorneys frequently challenge emotional distress claims. They may argue:
- The victim already had pre-existing mental health conditions.
- The emotional impact is exaggerated.
- The distress is unrelated to the defendant’s actions.
Because of these disputes, strong evidence and legal guidance are essential. Courts tend to require detailed documentation from medical professionals and consistent testimony from the victim.
Practical Steps for Victims
For anyone considering an emotional distress claim, several steps can strengthen the case:
- Seek immediate medical or psychological care. Early documentation is critical.
- Follow treatment plans. Attending therapy regularly shows the seriousness of the condition.
- Keep a journal. Writing down feelings, struggles, and daily limitations helps provide a personal record.
- Avoid minimizing symptoms. Downplaying emotional struggles can weaken a case.
- Consult with an attorney. Legal representation can ensure claims are presented effectively.
Why Legal Representation Matters
Handling emotional distress claims requires balancing sensitive personal issues with strong legal arguments. An attorney can:
- Collect and present medical evidence effectively
- Work with expert witnesses to validate the claim
- Negotiate with insurers who attempt to undervalue non-economic damages
- Ensure that victims meet all deadlines and procedural requirements
Without representation, many victims risk having their suffering minimized or ignored by the legal system.
Protecting Victims in New Jersey
Emotional and psychological injuries are real, life-altering, and deserving of compensation under the law. Victims should not feel discouraged from pursuing justice simply because their injuries are invisible.
Gregg A. Wisotsky, Esq. has extensive experience advocating for personal injury victims in New Jersey, including those struggling with emotional and psychological harm. His work ensures clients have the legal support they need to seek fair compensation and move forward with their lives.
For a confidential consultation, call 973-898-0161 today.
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