Emotional distress can have a severe impact on a person’s life, resulting in problems such as depression, anxiety, post-traumatic stress disorder (PTSD), and other mental health issues. In some cases, emotional distress can result from someone else’s actions or negligence, such as a car accident, medical malpractice, or an assault, among other things. In New Jersey, you might wonder if you can sue for emotional distress and what you are entitled to if you win.
This article will explore the legal aspects of emotional distress claims in New Jersey, what constitutes emotional distress, how to prove emotional distress, the damages that you can recover, and the various factors that might affect your claim.
Table of Contents
What Constitutes Emotional Distress?
Emotional distress refers to mental anguish, pain, and suffering that someone may experience due to the negligent, grossly negligent, or intentional actions of another person. Emotional distress can manifest itself in different ways, such as:
- Depression
- Anxiety
- Panic attacks
- Nightmares
- Loss of sleep
- Post-traumatic stress disorder (PTSD)
- Suicidal thoughts or self-harm
- Eating disorders
- Substance abuse
In some cases, emotional distress may be accompanied by physical symptoms such as headaches, stomach pain, and fatigue.
How to Prove Emotional Distress?
In New Jersey, proving emotional distress in court requires the plaintiff to present convincing evidence, which can include:
- Medical records and psychological evaluations
- Expert witness testimony from a psychiatrist or clinical psychologist
- Testimonies from family members and friends
- Photographs or video footage that indicates the severity of the distress
The plaintiff must demonstrate that the emotional distress resulted from the defendant’s conduct, that it was a severe and substantial harm, and that it was not an ordinary emotional reaction to the injury.
Damages You Can Recover
If you file a successful emotional distress claim in New Jersey, you might be entitled to recover damages for:
- Medical expenses, such as therapy or counseling sessions
- Lost wages or income
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
Keep in mind that the state of New Jersey has maximum limits on certain types of damages, such as pain and suffering, so it’s essential to talk to an attorney to understand what you qualify for in your specific case.
Factors Affecting Your Claim
Several factors can impact your emotional distress-related claim:
- The nature and severity of the defendant’s conduct
- The degree of your emotional distress and how it has affected your life
- Whether or not you sought medical treatment or counseling for your emotional distress
- The amount of time elapsed between the traumatic event and your claim’s filing
- Whether any other contributing factors have affected your emotional well-being
It’s also worth mentioning that certain professions, such as first responders and doctors, among others, are immune from emotional distress lawsuits under certain circumstances.
Conclusion
Emotional distress is a serious issue that can result from various incidents, and if you have endured it due to someone else’s wrongdoing, you might wonder if you can seek compensation. In New Jersey, you can indeed file a lawsuit for emotional distress, but the success of your case will depend on various factors.
If you believe that you have a valid claim for emotional distress, you need to speak to an experienced attorney familiar with New Jersey’s statutes and case law to understand your rights and options. Remember, the law is complicated, and getting proper legal advice can make all the difference in the outcome of your case.