When people think about personal injury cases, they usually picture broken bones, hospital bills, or long-term physical disabilities. But not all injuries can be seen on an X-ray. Emotional distress, such as anxiety, depression, fear, or trauma, can be just as painful as physical harm. In New Jersey, victims of accidents may have the right to seek compensation for emotional distress in addition to their physical injuries.
Understanding how emotional distress claims work can help you know your rights and protect your future.
What Counts as Emotional Distress?
Emotional distress is the psychological harm a person suffers after an accident or traumatic event. It can take many forms, including:
- Anxiety or panic attacks
- Depression that interferes with daily life
- Fear or phobias related to the accident
- Sleep problems like insomnia or nightmares
- Loss of enjoyment of life
- Post-traumatic stress disorder (PTSD)
Unlike cuts, bruises, or broken bones, these injuries are invisible. That’s why proving them in court requires careful documentation and often expert testimony.
How Emotional Distress Fits Into Personal Injury Claims
When you file a personal injury lawsuit in New Jersey, you can claim compensation for both economic damages (like medical bills and lost wages) and non-economic damages (like pain and suffering or emotional distress).
There are two main ways emotional distress may come into play:
Part of Pain and Suffering
Most personal injury cases automatically include compensation for emotional harm as part of “pain and suffering” damages. This is the most common way victims recover for psychological injuries.
Separate Claims
In some cases, you may be able to sue directly for negligent or intentional infliction of emotional distress, even if the physical injuries are minor.
Types of Emotional Distress Claims
Courts often distinguish between two types of emotional distress:
Negligent Infliction of Emotional Distress
This happens when someone’s careless behavior causes you emotional harm. The person didn’t mean to hurt you emotionally, but their negligent actions led to psychological suffering.
Intentional Infliction of Emotional Distress
This occurs when someone deliberately engages in extreme or outrageous behavior that causes serious emotional suffering. Proving this type of claim is often harder because the behavior must be truly shocking.
Both types of claims are recognized under New Jersey law.
Proving Your Emotional Distress
Because emotional distress is not visible, proving it requires more evidence than physical injuries. Here are some ways to show its impact:
Medical Documentation
Visits to psychologists, psychiatrists, or therapists can confirm your diagnosis and treatment needs.
Expert Testimony
Mental health professionals may testify about your condition and how it relates to your accident.
Personal Testimony
Your own account of how the injury changed your life is important evidence.
Witness Testimony
Friends, family, or coworkers may describe changes in your mood, behavior, or daily routine since the accident.
Medication Records
Prescriptions for antidepressants, anti-anxiety medications, or sleep aids can support your claim.
The stronger your documentation, the better your chances of recovering damages.
Factors That Affect Compensation
The amount of compensation for emotional distress varies widely. Courts consider factors such as:
- The severity and duration of your emotional suffering
- Whether your emotional distress is supported by medical records
- How the distress affects your daily life, work, and relationships
- Whether the defendant’s conduct was especially reckless or intentional
While there is no fixed dollar amount, emotional distress damages can significantly increase the value of a personal injury case.
Common Challenges in Emotional Distress Cases
Emotional distress claims can face several challenges:
Proving the Connection
You must show that your emotional distress was directly caused by the accident, not by other life events or pre-existing conditions.
Overcoming Skepticism
Insurance companies and defense attorneys often argue that victims are exaggerating their symptoms or that their suffering is unrelated to the accident.
Documentation Requirements
Without proper medical documentation and expert testimony, it can be difficult to prove the extent of your emotional injuries.
Why Professional Legal Help Matters
Emotional distress claims can be complex. Insurance companies often minimize or dispute psychological injuries. Without strong legal representation, you may struggle to prove your case and recover fair compensation.
The Law Offices of Anthony Carbone has been fighting for accident victims in Jersey City and throughout New Jersey for 35 years. We understand how devastating emotional injuries can be and know how to build strong cases that hold negligent parties accountable.
Taking Action for Your Recovery
Accidents don’t just leave physical scars, they can also leave deep emotional ones. If you are struggling with anxiety, depression, or trauma after an accident, you don’t have to face it alone. You may have the right to recover compensation for emotional distress in addition to your medical bills and lost wages.
The law recognizes that emotional injuries are real, and with the right legal support, you can fight for justice. If you or a loved one is dealing with the emotional toll of an accident in Jersey City or Hudson County, contact The Law Offices of Anthony Carbone P.C. today at 201-733-2230 for a free consultation to explore your options.