Can I Claim Emotional Distress From a New Jersey Crash?

Whether or not you can claim financial compensation for the emotional distress that you suffered from a car accident in New Jersey depends on the type of automobile insurance you have (Limited vs. Unlimited Right to Sue), the extent of your injuries, and other factors. It is important to investigate your right to seek emotional distress damages before accepting an insurance settlement. Make sure to contact a car accident lawyer in Hackensack for legal guidance.

New Jersey Is a No-Fault State

The majority of states in the country use fault-based insurance laws. However, New Jersey is one of 12 no-fault states. Under New Jersey’s car insurance laws, drivers generally must pursue financial compensation for car accidents from their own insurance providers, even if they did not cause the crash.

A no-fault claim using the driver’s own personal injury protection (PIP) insurance will not provide compensation for the victim’s emotional distress, physical pain, mental anguish, or other forms of pain and suffering. To seek these non-economic damages, the victim will need to hold another party responsible.

When Can Pain and Suffering Damages Be Collected in New Jersey?

When purchasing automobile insurance in New Jersey, a driver has multiple options. First, a driver must select between a Standard or Basic Policy. The Standard offers more coverage but is more expensive than the Basic Policy. If the Standard Policy is chosen, the next choice is between Limited Right to Sue and Unlimited Right to Sue coverage.

The first type limits a driver’s ability to seek compensation from another driver’s insurance policy to only if the case involves serious or catastrophic injuries. Unlimited Right to Sue, however, allows a third-party claim to be brought against the at-fault party regardless of injury severity.

You may be eligible to receive financial compensation for your emotional distress if you have Unlimited Right to Sue insurance or your injuries meet the tort threshold. In general, pain and suffering damages are available if the victim suffers a significant or permanent injury, disfigurement, disability, displaced bone fractures, the death of a fetus, or wrongful death.

How to Document Your Emotional Distress

Having grounds to pursue a claim for emotional distress after a car accident in New Jersey is only the first step. You will then be responsible for proving that your intangible losses are real and a direct outcome of the crash. Since pain and suffering are subjective, strong evidence is often required.

Get Medical Care

While emotional distress alone could potentially result in compensation, this is rare. It is much more common for non-economic damages to accompany physical injuries. Get medical care immediately after your car crash in New Jersey to establish the injuries that contributed to your pain and suffering.

Seek treatment for your mental health, as well. Having conditions such as depression, anxiety or post-traumatic stress disorder (PTSD) diagnosed after a car accident can strengthen your emotional distress claim.

Keep an Injury Journal

Every day, write down how you are feeling in an injury or pain journal. Describe how the car accident and your injuries have impacted your life. Take photos of any physical injuries as they heal, as well.

Contact a Car Accident Attorney

Proving an invisible loss such as emotional distress can be difficult on your own. A qualified Hackensack injury lawyer will know what tools and resources to use to establish your claim and maximize emotional distress damages.

Your lawyer will explore your legal options based on the insurance coverage available, the severity of your injuries and the cause of the crash. Then, your lawyer will take over the claims process for you to negotiate a fair settlement. Contact us today for a free consultation.