After an accident, not all injuries are visible. Many victims experience emotional and psychological harm that can be just as debilitating as physical injuries. Conditions like anxiety, depression, and Post-Traumatic Stress Disorder (PTSD) can interfere with daily life, relationships, and the ability to work. In New Jersey, psychological injuries may be included in a personal injury claim, but it is crucial that you understand how to prove your damages. Continue reading for more information and consult with an experienced New Jersey injury lawyer today.
What Are Psychological Injuries?
Psychological injuries, often referred to as emotional distress or mental anguish, are non-physical forms of harm resulting from a traumatic event or injury. Unlike a broken bone or a laceration, these injuries affect a victim’s mental and emotional state, often impacting their quality of life. In the context of a personal injury claim, these are generally diagnosed mental health conditions resulting directly from the negligence or wrongful act of another party.
Examples of psychological injuries include:
- Post-Traumatic Stress Disorder (PTSD)
- Severe Depression
- Chronic Anxiety or Panic Disorder
- Phobias (specifically related to the accident, e.g., fear of driving)
- Adjustment Disorder
- Insomnia or other sleep disturbances
- Loss of Enjoyment of Life (Anhedonia)
In New Jersey, simply feeling stressed or sad after an accident is typically not enough to form the basis of a claim. The psychological harm must be medically supported and significant enough to warrant compensation, meaning it must significantly interfere with the victim’s ability to function, work, or maintain relationships. This typically requires a formal diagnosis from a qualified mental health professional, such as a psychologist or psychiatrist. These injuries can manifest immediately after an accident or develop months later as the trauma is processed.
Can Psychological Injuries Be Included in an NJ Personal Injury Claim?
Yes, psychological injuries can be included in a New Jersey personal injury claim. New Jersey law recognizes that emotional distress and mental anguish resulting from an accident caused by another party’s negligence are compensable damages. These non-physical injuries, such as PTSD, severe anxiety, or depression, are recoverable under pain and suffering.
To successfully prove these injuries in a claim, you must establish the injury’s existence and its direct causation by the accident. Seek immediate and ongoing treatment from a qualified mental health professional, like a psychologist or psychiatrist. Their records, including a formal diagnosis, treatment plan, progress notes, and expert testimony, will provide objective proof of the psychological harm.
Evidence must clearly demonstrate that the psychological injury was a direct result of the accident or traumatic event, even in the absence of a physical injury in some cases. This is often established through the diagnosing professional’s expert opinion, which connects the event to the mental health condition.
Additionally, evidence showing the injury’s impact on your daily life, such as testimony from family members, employment records detailing missed work, or journals describing the decline in your quality of life, will support the claim for significant and debilitating damages. Work with a skilled attorney for more information and legal advice today.
