Can I file a lawsuit for emotional distress after an injury? | Parsippany Personal Injury Lawyer

emotional distress

Sustaining injuries of any kind after an accident can have adverse effects on your physical health. Not only can it alter your quality of life negatively, but the financial burden of medical bills that may come along with it can add even more stress. However, it is important to keep in mind that the state of your mental health after an injury can be just as impactful on your well-being. Even if you were not physically injured from an accident, the emotional distress it may cause can be very difficult to live with and may even require treatment.

When it comes to filing lawsuits for injuries after an accident, the injuries do not need to be physical in nature for you to be successfully compensated. While the process for emotional distress lawsuits may seem daunting, you do not have to approach it alone. Do not hesitate to reach out to a Morris County personal injury attorney from Lutz Injury Law for a free consultation.

How does a lawsuit for emotional distress after an injury work?

According to New Jersey state law, emotional distress is legally defined as significant mental suffering and distress. Depending on the circumstances, a wide variety of symptoms could fall under this category. If you have suffered mental anguish of any kind due to the actions of another person or entity, you may be eligible to file a lawsuit for emotional distress. These types of claims are typically categorized as either intentional or negligent infliction of emotional distress. In the case of intentional infliction of emotional distress, it is usually defined as emotional suffering due to continuous harassment or bullying from another party. Negligent infliction is characterized as mental trauma caused by the unintentional actions of a liable party.

When it comes to claims for negligent infliction of emotional distress, you must prove that your mental health was adversely affected by the negligent actions of the at-fault party. While it can be difficult to prove emotional trauma, with or without an injury, there are forms of tangible evidence that courts will seriously take into account. For example, providing some form of documentation, such as an official diagnosis from a professional or a prescription to treat your specific condition, can act as evidence to prove you did in fact suffer some form of emotional distress. Although mental suffering is considered very subjective, especially in court, having strong legal counsel working on your behalf can help ensure that you get the reimbursement you deserve.

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