Wondering if you can sue for emotional distress in a NJ personal injury case?
In some situations, the answer is yes. Emotional distress is a real and serious part of personal injury cases, significantly when a person’s mental health is affected by someone else’s actions.
This article will explore the law about emotional distress claims in New Jersey and how to recover damages for these issues. Whether you’re facing anxiety, depression, or other lasting emotional impacts, know that you are not alone. Our personal injury lawyer in Shrewsbury will guide you through each step of the lawsuit to help you move forward.
Quick Summary:
- Emotional distress in personal injury cases can include severe mental impacts like anxiety or PTSD caused by someone else’s actions. NJ law allows individuals affected emotionally to seek damages, especially if they show evidence of substantial harm.
- Emotional distress claims in New Jersey are divided into two categories: Intentional Infliction (IIED) and Negligent Infliction (NIED). Proving these claims often requires strong evidence like medical records, mental health assessments, and statements from witnesses or family members.
- Victims of emotional distress may be eligible for compensation covering medical costs, lost income, pain and suffering, and impacted relationships. Understanding these claims can be complex, so consulting with a personal injury attorney helps guide the legal process and gather the proper evidence.
What Counts as Emotional Distress?
Emotional distress isn’t just feeling a little down or stressed. Legally, it has a more serious impact on your mental and emotional health. For instance, you might have trouble sleeping, experience anxiety or depression, or find it difficult to enjoy activities that you once loved. Some people may even develop symptoms of Post-Traumatic Stress Disorder (PTSD) after a traumatic event.
To qualify for emotional distress in a personal injury case, you must show that the distress is real and substantial. This could mean showing evidence of therapy or a diagnosis from a mental health professional. Emotional distress can often accompany severe physical injuries. Still, it’s also possible to claim it even if your physical injuries were minor or you weren’t physically hurt at all, such as in a case of severe harassment or witnessing a traumatic event.
How Do You Prove Emotional Distress?
Proving emotional distress isn’t always straightforward. Courts usually want strong evidence, like medical records, mental health assessments, or testimony from therapists or counselors. For instance, if you’re suffering from anxiety, your counselor might testify about the effect it’s had on your daily life. Family members or close friends can also give statements about how they’ve seen you struggle emotionally after the accident.
Physical symptoms that come with emotional distress, like headaches, nausea, or fatigue, can also help strengthen your case. These symptoms show that the emotional impact of the accident is affecting your body and mind.
What Are Some Examples of Emotional Distress?
Emotional distress can happen when someone goes through a traumatic or stressful experience, affecting their mental health and daily life. It can show up in various ways, and understanding these examples can help people recognize when they or others might be struggling. Here are some common examples of emotional distress:
- Anxiety: After a traumatic event, many people experience anxiety, which includes feelings of worry or fear that are hard to control. This anxiety can lead to physical symptoms like a racing heart, sweating, or difficulty concentrating.
- Depression: Emotional distress can often lead to depression, which involves persistent feelings of sadness, hopelessness, or a lack of interest in activities that once brought joy. Someone who is depressed might withdraw from friends and family or feel overwhelmed by everyday tasks.
- Insomnia: Many people who experience emotional distress struggle with sleep problems, such as insomnia or nightmares. This lack of restful sleep can worsen their mental health and make it challenging to function during the day.
- Fear and Paranoia: Individuals who have experienced traumatic events may develop a heightened sense of fear or paranoia. They might feel unsafe in situations that previously felt normal or have constant worries about what could go wrong.
- Flashbacks: These are sudden and intense memories of a traumatic event that make the person feel like they are reliving that experience. These can be triggered by reminders of the event and can be very distressing.
- Emotional Numbness: Some people may feel emotionally numb after a traumatic experience. This means they have difficulty experiencing positive and negative emotions, which can affect their relationships and overall well-being.
- Difficulty with Relationships: Emotional distress can impact a person’s ability to connect with others. They might struggle to communicate effectively, leading to conflicts or feelings of isolation in their relationships with family and friends.
What are the Legal Standards for Emotional Distress Claims in NJ?
In New Jersey, emotional distress claims are governed by specific legal standards. The courts recognize two primary types of emotional distress claims: Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED). Each type has different requirements that must be met for a claim to be valid.
Generally, to succeed in an emotional distress claim, the person making the claim must demonstrate that their emotional suffering is severe and directly linked to the actions of another party.
Intentional Infliction of Emotional Distress
Intentional Infliction of Emotional Distress occurs when one person acts purposely or recklessly to cause severe emotional suffering in another. For this type of claim, the injured party must prove several vital points:
- Intent or Recklessness: The person causing the distress must have acted intending to cause harm or with reckless disregard for the consequences of their actions.
- Extreme and Outrageous Conduct: The behavior must be so extreme and outrageous that it goes beyond the limits of what society considers acceptable.
- Severe Emotional Distress: The emotional pain experienced must be significant enough to affect the victim’s daily life, causing issues such as anxiety, depression, or other serious mental health problems.
If a person can prove these elements, they may be entitled to compensation for their emotional distress.
Negligent Infliction of Emotional Distress
Negligent Infliction of Emotional Distress refers to cases where someone’s careless actions lead to another person suffering emotionally. Unlike IIED, the person causing the distress may not have intended to harm anyone but was negligent in their actions. There are two main scenarios in which NIED claims can arise:
- Direct Impact Cases: In these cases, the injured person was directly involved in a dangerous situation caused by someone else’s negligence, leading to emotional distress. For instance, if a driver causes an accident that results in injuries, the victims may experience emotional trauma.
- Bystander Cases: This involves a person who witnesses a traumatic event, such as seeing a family member injured in an accident. The emotional distress they experience can be severe, even though they were not physically harmed.
To succeed in an NIED claim, the person must show that the emotional distress is serious and directly related to the other party’s negligence.
What Types of Damages Can Be Recovered for Emotional Distress?
Emotional distress can deeply affect a person’s mental health and daily life, making it challenging to function normally. In New Jersey, those who experience this kind of harm may be entitled to compensation to help them recover and rebuild. If you prove your emotional distress claim, you may be able to recover various types of damages, including:
- Medical Costs: Victims of emotional distress can seek compensation for expenses related to mental health treatments, such as therapy, counseling, and medication. These treatments are essential for coping with the lasting effects of trauma or distress.
- Lost Income: Emotional distress can sometimes impact a person’s ability to work. If someone misses work or cannot perform due to emotional struggles, they may be eligible to recover lost wages.
- Pain and Suffering: This type of compensation covers the mental and emotional suffering that the victim has endured. Pain and suffering damages recognize the significant impact that stress can have on someone’s quality of life.
- Loss of Relationships (Loss of Consortium): Emotional distress can also impact a person’s relationships. If the distress has affected relationships with loved ones, the victim may be entitled to compensation for the negative effects on family or partner connections.
The amount you can receive for emotional distress varies and depends on how severely it has affected your life. New Jersey courts will examine how distress impacts your everyday activities, relationships, and overall happiness.
What Steps to Take if You’re Considering an Emotional Distress Claim?
Emotional distress claims can be complex, but understanding the process can make it easier to take action. Here are a few steps to take:
- Document Your Emotional Distress: Record your emotional symptoms and how they impact your daily life. This might include notes about anxiety, depression, trouble sleeping, or fear that disrupts your routine. Documenting your emotions as they happen can show how much the distress has affected you over time.
- Seek Medical or Psychological Help: Seeing a therapist or counselor can be helpful. They can guide you in handling your feelings and may also provide records showing your emotional struggles, which can support your claim.
- Gather Evidence Related to the Incident. Collect relevant documents, like police reports, medical records, or photos. If others saw the incident or noticed your changes afterward, their statements can help strengthen your case.
- Consult a Personal Injury Attorney. Emotional distress claims can be complicated, so it’s wise to speak with a personal injury lawyer. They can explain the legal requirements in your state and help you gather the proper evidence. Moreover, they can guide you through the claim process and represent you in court if needed.
- Consider the Potential Outcomes. Emotional distress claims can be challenging to prove, so it’s essential to have realistic expectations. Understanding the potential compensation you may receive, including coverage for therapy, lost wages, and other expenses related to your emotional suffering, can help.
Don’t Let Emotional Distress Go Uncompensated. Call our Personal Injury Lawyers Today!
If you’re still wondering, “Can I sue for emotional distress in a personal injury case in NJ?” Yes, the possibility exists. However, it requires careful planning and evidence gathering. Emotional health is a serious part of well-being; the law recognizes that it deserves protection.
Our personal injury lawyers at Kreizer Law are here to support your legal steps while you recover from emotional distress. We understand your unique challenges and are committed to fighting for your rights to ensure you receive the maximum compensation possible.
We at Kreizer Law will help you go through the complexities of the law. Contact us today for a free consultation.
