What to Expect When Suing for Emotional Distress in a Personal Injury Case

When you’re involved in a personal injury case, most people think about physical injuries—broken bones, concussions, or other tangible harm. However, the emotional toll these incidents can have on victims is just as significant. In New Jersey, you have the right to seek compensation not only for physical injuries but also for the emotional distress that accompanies them. But how do you prove emotional distress in a court of law, and what should you expect when pursuing such claims? Let’s dive into what emotional distress claims entail, what New Jersey law says, and what to expect if you pursue this route.

What Is Emotional Distress?

In legal terms, emotional distress refers to the psychological impact of an injury or event. This can include anxiety, depression, post-traumatic stress disorder (PTSD), insomnia, and other mental health issues that arise as a result of the incident. Emotional distress claims in personal injury cases are often referred to as claims for “pain and suffering,” which also includes physical pain. Emotional distress, however, focuses specifically on the mental and emotional toll the injury has taken on the victim’s life.

Two types of emotional distress claims are generally recognized in New Jersey:

Intentional Infliction of Emotional Distress (IIED): This occurs when someone deliberately causes another person emotional harm. The conduct must be extreme and outrageous.
Negligent Infliction of Emotional Distress (NIED): In cases where emotional distress occurs as a result of someone else’s negligence, you can pursue compensation even if the defendant didn’t intend to cause harm.

Can You Sue for Emotional Distress in New Jersey?

Yes, you can sue for emotional distress in New Jersey. The state recognizes emotional distress as a compensable harm in personal injury cases. That being said, these cases can be complicated, as emotional injuries are harder to quantify than physical injuries. Unlike a broken arm that can be easily identified and treated, emotional distress doesn’t have an obvious X-ray or diagnosis. This is why it’s crucial to understand how to prove emotional distress in a legal setting.

How to Prove Emotional Distress

When pursuing a claim for emotional distress, you’ll need to provide compelling evidence that demonstrates the impact of the event on your mental health. Some of the ways emotional distress can be proven include:

Medical Records: Just as you would see a doctor for a broken bone, it’s essential to see a mental health professional if you’re suffering from emotional distress. Psychologists and psychiatrists can document your symptoms and provide expert testimony on how the event has affected you.

Testimony: Both your own testimony and that of those close to you can be powerful. Family members, friends, or coworkers may notice changes in your behavior or demeanor following the accident. Their observations can be crucial in showing how your mental state has been affected.
Duration of Symptoms: The longer your emotional distress lasts, the stronger your case may be. Short-term anxiety may not have as much weight as long-term depression or PTSD. Be prepared to show how your distress has persisted over time.
Severity of Symptoms: Severe emotional distress that interferes with your daily life—such as losing your ability to work, participate in activities, or maintain relationships—will be taken more seriously than mild symptoms. The severity of your distress will influence the amount of compensation you may receive.

What Factors Will the Court Consider?

When determining whether you’re entitled to compensation for emotional distress, courts will look at several factors. These include:

The nature of the defendant’s conduct: Was the emotional distress caused by extreme or reckless behavior? In cases of intentional infliction, the more outrageous the behavior, the more likely the court will rule in your favor.

The relationship between the emotional distress and the incident: Courts will examine whether the emotional distress is a direct result of the defendant’s actions or negligence. The more direct the connection, the stronger your claim.
The physical impact: In some cases, emotional distress is accompanied by physical symptoms, such as headaches, ulcers, or panic attacks. These physical manifestations can strengthen your emotional distress claim, making it easier to prove that the mental impact is genuine and severe.

Caps on Emotional Distress Damages in New Jersey

In some states, there are caps on the amount of damages a plaintiff can receive for emotional distress, but New Jersey does not have any statutory limits on non-economic damages like pain and suffering. This means there is no fixed upper limit on the compensation you can receive for emotional distress in personal injury cases. The amount will depend on the specifics of your case, including the severity of your emotional distress and the strength of the evidence presented.

How Much Compensation Can You Expect?

The compensation for emotional distress varies depending on several factors:

Severity of the Emotional Distress: As mentioned earlier, the more severe your symptoms and the greater the impact on your life, the more likely you are to receive higher compensation.
Medical Expenses: If you’ve incurred medical bills for treatment, including therapy or medication, those costs may be included in the compensation.
Lost Wages: If your emotional distress has affected your ability to work, you may be compensated for lost wages.
Future Damages: If your emotional distress is ongoing and requires long-term care or affects your future earnings, the court may award future damages.

The Importance of Legal Representation

Suing for emotional distress can be legally complex, and insurance companies often push back on these types of claims due to their subjective nature. That’s why having a skilled personal injury attorney is crucial. At Drazin & Warshaw, we understand the unique challenges of proving emotional distress and have the experience and resources to build a strong case on your behalf.

Our legal team will work closely with you to gather the necessary evidence, secure expert testimony, and present a compelling argument on your behalf. We will fight to pursue full and fair compensation for the emotional and mental toll that the accident has taken on your life.

Take the First Step Towards Justice: Contact Drazin & Warshaw Today to Discuss Your Personal Injury Claim

Emotional distress is a serious and legitimate harm in many personal injury cases. If you’ve been involved in an accident or other traumatic event in New Jersey, you have the right to seek compensation for the emotional toll it has taken on your life. By understanding the legal process and working with an experienced personal injury attorney, you can maximize your chances of receiving the compensation you deserve.

At Drazin & Warshaw, we are dedicated to advocating for personal injury victims across New Jersey. We work diligently to help our clients pursue full compensation for all aspects of their suffering—including emotional distress. Contact us today to schedule a consultation and find out how we can assist you through this challenging time.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.