Understanding Compensation for Emotional Distress in Personal Injury Cases

You got hurt, and those around you know it because they can see your leg cast. Or they notice you’re not at work. 

But what about the emotional part of the injury? The part that keeps you from getting back in your car after a car accident, the part that fills you with anxiety day and night, the part that stops you from enjoying your life, and so on.

That part is harder to see. But it’s just as hard as the physical side of your injuries. And you deserve compensation for it.

Fortunately, in New Jersey, you can be compensated for emotional distress in personal injury cases. Read on to learn everything you need to know, or reach out to Rosengard Law Group for the information you need about your case.

What Is Emotional Distress?

Emotional distress refers to the psychological impact and emotional suffering you experience as a result of an injury-causing event, such as an accident. This type of damage is considered non-economic, meaning it doesn’t have a direct monetary value like medical bills or lost wages.

As an example, let’s say you were in a car crash.

If this car crash led to frequent bouts of depression and anxiety, then you may be suffering from emotional distress.

Types of Emotional Distress

Some of the most notable types of emotional distress in New Jersey personal injury cases are:

• Post-traumatic stress disorder
• Depression
• Anxiety
• Insomnia or sleep disturbances
• Grief
• Panic disorder/panic attacks
• Loss of enjoyment of life

If you were in a car crash and you now experience panic attacks and severe anxiety before or during driving, then you are likely suffering from emotional distress related to your accident.

The Legal Basis for Emotional Distress Claims

The legal basis for emotional distress claims is generally rooted in three key points:

1. You are experiencing some form of emotional distress.
2. The emotional distress you are experiencing is the direct result of an accident/injury
3. That accident/incident was the product of someone else’s negligent actions.

A good example of the points above is the following: You were in a car accident caused by a drunk driver, and this car accident has given you severe PTSD. This severe PTSD prevents you from working.

If the above is true, then you have lost money (wages) due to emotional distress. And, with this fact in mind, you may be able to include the cost of this emotional distress in your New Jersey personal injury claim.

Of course, quantifying the value of an emotional distress claim is difficult. And that’s why so many people in your situation team up with an experienced attorney.

Proving Emotional Distress in a Personal Injury Case

To prove emotional distress, consider the following strategies:

• Gather medical records that prove you are suffering from emotional distress.
• Obtain witness statements.
• Get an expert witness who can provide testimony about the distress you’re experiencing.
• Make a written record of your emotional distress.

Calculating Compensation for Emotional Distress in NJ

Calculating compensation for emotional distress requires quantifying the effects of your emotional distress. And that’s not easy to do.

For example, if your emotional distress has forced you to miss work, then you’ve lost money. You may be able to use the monetary figure you lost as part of the compensation you are requesting.

Outside of what we shared above, emotional distress is also calculated using the following two methods:

1. The multiplier method. 
2. The per diem method.

The basis for both methods is as follows:

1. The multiplier method involves compiling all of your economic damages and multiplying those damages using a number between one and five.
2. The per diem method involves multiplying the number of days you will be experiencing emotional distress, pain, and other forms of suffering.

Examples for both methods are below:

1. If your total economic damages add up to $20,000, then this figure could be multiplied by five, allowing you to obtain $100,000 in damages.
2. If you will be experiencing 300 days of emotional distress, pain, and other forms of suffering, then you can receive 300 days worth of your per diem amount as compensation for your injury.

By working with your attorney to calculate compensation for emotional distress, you can develop an appropriate compensation figure. This will make it easier for you to obtain compensation for the emotional distress you suffered. 

Experiencing Emotional Distress After an Injury? Call Us

Emotional distress may be invisible, but it has very real effects on your life. If your emotional trauma is the result of someone else’s negligence, you deserve compensation for that.

And the team at Rosengard Law Group is prepared to help you pursue that compensation — every last dime.Call 856-284-6446 or use this contact form to contact one of our New Jersey personal injury attorneys today. We’ll be happy to speak with you during a 100 percent free consultation.