If you’ve suffered an injury in New Jersey, you might wonder if you can recover compensation for emotional distress. Physical injuries are often the focus of personal injury claims, but emotional suffering should not be overlooked. In certain cases, you can seek compensation for the mental and emotional toll that an accident or injury has caused.
Emotional distress in personal injury cases
In New Jersey, emotional distress can be a valid component of a personal injury claim. Emotional distress refers to the mental suffering, anxiety, depression, and other emotional impacts that result from the incident. To pursue emotional distress compensation, you must prove that the emotional distress stems directly from the injury or event in question.
The law in New Jersey allows for compensation for both physical injuries and emotional harm. However, emotional distress claims are often more challenging to prove compared to physical injuries. A mental health professional, such as a psychologist or psychiatrist, may need to provide evidence of the distress you have experienced. The key is showing a clear link between the distress and the accident or injury.
Types of emotional distress compensation
In New Jersey, emotional distress compensation can apply to both direct and bystander claims. Direct emotional distress occurs when emotional suffering directly results from a physical injury, including pain, anxiety, depression, and fear following the incident. Bystander emotional distress applies when someone witnesses a traumatic event, such as a loved one being injured or killed, and suffers emotional distress as a result of witnessing that event.
Proving emotional distress
To recover compensation for emotional distress in New Jersey, you must demonstrate that the distress is severe and directly caused by the injury. Your personal injury claim will need to include medical records, witness statements, and expert testimony that validate your emotional state. In some cases, you may be asked to submit to a mental health evaluation.
If you’re facing emotional distress due to an injury or accident in New Jersey, it’s possible to recover compensation for your pain and suffering. While proving emotional distress may require additional evidence, it’s a valid claim that can contribute to a fair settlement or judgment.