Emotional distress is a type of mental health temporary disorder or anguish experienced due to an incident caused on purpose or by negligence.
The court accepts emotional distress as a personal injury that can be eligible for compensation by filing a civil lawsuit. You would need to provide sufficient evidence or proof that someone else is responsible for causing your emotional distress or trauma to validate your claim.
In most scenarios, for an emotional distress claim to be approved, you would be required to have sustained physical injuries due to an incident. However, cases of victims suffering emotional distress damages have recently been deemed valid, even if there is no evidence of physical harm or visible injuries.
Is Emotional Distress Considered Part Of A Claim?
Insurance coverage will cover a portion or all of the damages, depending on the liability determined for each case. Still, there are sometimes left-over out-of-pocket expenses that you also need to consider and honor. You can quickly calculate how much income you have stopped receiving or paid out towards fully recovering from an injury or accident by just adding up receipts, medical bills, invoices, and pay-stubs.
Yet other expenses are less obvious and trickier to predict. When the injury extends to mental wellbeing, it is far more difficult to calculate how much you will require to invest in the future to make a full recovery. When is it advisable to file for monetary compensation to recuperate from emotional grievances in New Jersey?
There are two widespread scenarios:
Emotional and Physical Distress (Pain and Suffering)
Whenever a car accident or slip and fall are due to negligence, the mental health and emotional injuries caused by the event will usually fall under the “non-economic” damages portion of the insurance coverage, which would, of course, include what is known as pain and suffering. No limit or highest rate (“cap”) has been established in New Jersey regarding the total amount of damages you deem suitable.
Intentional Infliction of Emotional Distress (IIED)
In New Jersey, if another party deliberately provokes a scenario to cause you an emotional wreck, it is thus classified as an unlawful act or tort known as IIED or “Intentional infliction of emotional distress.” However, negligence is easier to prove in court than this tort. In the case of Buckley v. Trenton Saving Fund Society, the New Jersey Supreme Court affirmed that to presume another party as liable for intentional infliction of emotional distress, the injured subject is obligated to prove one of the following:
- The other party performed a reckless or intentional action to cause emotional distress.
- The other party’s actions were “so flagrant in character, and so severe, as to surpass any possible limits of decency, and therefore considered heinous, and ultimately intolerable in a civilized community.”
- The other party’s actions caused emotional distress,
- The emotional distress experienced was “far greater than what any reasonable person is expected to endure.”
Emotional and psychological harm, such as but not limited to post-traumatic stress disorder (PTSD), are as equally detrimental and disabling as physical injuries. Stress-related symptoms such as feeling overwhelmed, fatigue, poor problem-solving, social withdrawal, changes in behavior, feelings of sadness, loss of emotional control, and frustration are a few of the many ways in which PTSD may affect your life and therefore be eligible for monetary compensation.
Contact our Woodland Park, NJ Pedestrian Personal Injury Compensation Lawyers for a Free Consultation
If you or a loved one have suffered from extreme emotional distress caused by somebody else’s intentional act or negligence, talk to an experienced New Jersey personal injury compensation lawyer who can assist you in better comprehending and exploring your legal options.
At The Law Office of Kamensky, Cohen & Riechelson, our experienced team of attorneys is ready to stand in your corner. If you live in Trenton, Princeton, Hamilton, and the greater Mercer County area. You can call us at 609.528.2596 or contact us through our online contact form.