Experiencing an accident in New Jersey can result in more than just physical injuries; the emotional and psychological toll can be devastating. These invisible injuries are legitimate forms of harm. If another party’s negligence caused your trauma, New Jersey law allows you to seek compensation for these psychological injuries. Continue reading and work with a New Jersey personal injury lawyer for skilled representation today.
What Are Psychological Injuries?
Psychological injuries refer to non-physical harm resulting from a traumatic event, like a car accident, for example. They are severe mental or emotional impairment resulting from stressors. Unlike visible physical wounds, these injuries affect a person’s mental well-being, mood, cognition, and ability to function normally. They are a legitimate category of injury in personal injury law.
These injuries can manifest in a variety of ways, including diagnosable mental disorders like Post-Traumatic Stress Disorder (PTSD), severe anxiety, depression, phobias, adjustment disorders, or chronic insomnia. They can also include less formal symptoms such as intense grief, emotional numbness, persistent fear, or the inability to enjoy previously liked activities. An important element is that these psychological symptoms must be a direct result of the trauma experienced in the accident.
Can I Recover Compensation for My Psychological Injuries?
Yes, in New Jersey, you can recover compensation for psychological injuries resulting from an accident caused by another party’s negligence, as long as these injuries are supported by medical evidence.
Psychological harm is a compensable part of a personal injury claim, just like physical injuries. To successfully claim compensation, you must establish that the defendant’s negligence caused the accident and that the accident directly caused your psychological injuries.
Compensation for psychological harm covers various damages. These can include:
- Medical and therapy expenses: The cost of treating the psychological injury, including sessions with psychologists, psychiatrists, or counselors, and prescription medication.
- Loss of enjoyment of life: The reduction in your ability to engage in and enjoy daily activities due to the emotional distress.
- Lost wages or earning capacity: The money you missed out on because your psychological condition prevents you from working.
- General pain and suffering: Non-economic damages covering the emotional distress, anguish, fear, and mental impairment itself.
How Can I Prove a Mental Disorder?
Proving a psychological injury in a New Jersey personal injury claim relies on objective medical documentation and expert testimony. The most important step is seeking immediate and consistent treatment from a licensed mental health professional, such as a psychiatrist, psychologist, or licensed clinical social worker.
To be successful, you should obtain a formal diagnosis, provide records detailing the frequency of your sessions, the severity of your symptoms, prescribed medications, and how the injury has impaired your daily life, and secure testimony from a mental health expert stating, within a reasonable degree of medical certainty, the accident was the direct cause of your psychological harm. This testimony connects the incident to your injuries and helps validate non-physical suffering for the court or insurance company.
Proving psychological injuries can be more complex than physical ones, so work with an experienced attorney for legal advice and representation.
