Can I Recover for Emotional Trauma After an Accident?

Dealing with a car accident can be a frustrating and emotional experience. This is especially true if the crash was severe or graphic in nature.

In a crash involving totaled vehicles or multiple vehicles, you will likely be dealing with various damages. There are the obvious damages, like medical bills and lost wages. Then there is emotional trauma and other invisible damages.

You may wonder what legal rights you have in this situation. Can you receive financial compensation for these damages?

In New Jersey, car accident victims have the right to seek compensation for the full extent of their damages. This includes non-economic losses such as pain and suffering and emotional trauma. However, there may be limitations depending on the type of auto insurance you have.

When you purchase auto insurance in New Jersey, you have two options. Drivers can choose between a “limitation on lawsuits” (also known as the verbal threshold) option or a “no limitation on lawsuits” option when purchasing auto insurance.

With the “limitation on lawsuits” option, you can only sue for injuries that meet the “serious injury” definition. The “no limitation on lawsuits” option allows you to sue for any injury, regardless of severity. The “serious injury” threshold is defined by specific criteria outlined in N.J.S.A. 39:6A-8(a).

What does this mean? If a driver chooses the limitation on lawsuit option in their auto insurance policy, they may only sue for non-economic damages (like pain and suffering, emotional distress, or loss of enjoyment of life) if they have suffered one of the following serious injuries:

• Death
• Dismemberment
• Significant disfigurement or significant scarring
• Displaced fracture
• Permanent injury (a body part or organ has not healed and will not return to normal function)
• Loss of a fetus

If the injuries do not meet this threshold, claims are limited to economic losses only (such as medical bills and lost wages). So, why wouldn’t a driver choose “no limitation on lawsuits?” Because “limitation on lawsuits” is cheaper.

If you choose “no limitation on lawsuits, you can recover non-economic losses, but you will need to start building your case. You will want to start soon, as time limits apply. The statute of limitations is generally two years from the date of the accident.

Gather medical evidence. You will need medical records documenting your emotional distress and treatment. Emotional trauma often requires counseling and therapy. Keep records of your sessions. Also, your own testimony and the testimony of loved ones who have witnessed the impact of the accident on your life can be valuable.

Contact Us Today

If you have been involved in a car accident, you are likely dealing with significant damages. It is important that you understand your rights and options.

Count on Phillip E. Miller to assist you with your Monroe Township, NJ car accident claim. Whether you are suffering from physical pain, emotional trauma, or both, I am committed to fighting for justice for victims and families. To schedule a consultation, contact us via (732) 679-3434 or online here.