With a personal injury claim, you may attempt to recover both economic and non-economic damages. One such non-economic damage is emotional trauma. However, this is not so easy to prove, and therefore not so easy to receive financial compensation for. Follow along to find out whether you can claim emotional trauma after your accident and how one of the proficient Bergen County personal injury attorneys at McNerney & McAuliffe can help you in doing so.
By definition, what is emotional trauma?
Emotional trauma can be described as the mental or non-physical injury that you may now suffer as a result of your personal injury accident. Such trauma can be triggered the physical and financial burdens you incur after your accident, and they can indefinitely affect your day-to-day life. Examples of emotional trauma that is commonly claimed in personal injury lawsuits are as follows:
- Post-traumatic stress disorder.
- Chronic headaches.
- Chronic body aches.
- Feelings of isolation.
- Feelings of fatigue.
What proof do I need to claim emotional trauma?
When claiming emotional trauma, you may have to draw up proof that differs from what you may need for economic damages. Such proof must directly tie your distress to the events of your accident, which must have been caused by no fault of your own. Examples of proof that is commonly used for non-economic damages such as this are as follows:
- An evaluation, ongoing treatment, and/or diagnosis from a mental health professional, with claims of the severity and duration of your emotional trauma.
- Testimonies of your trauma from other experts or your trusted loved ones.
- A personal testimony of your trauma, which can read like a journal or diary entry.
How is emotional trauma calculated?
Notably, emotional trauma is viewed as subjective. This is because it is entirely psychological and cannot be easily discernable. In addition, there is no real tangible evidence that can point to your suffering. And so, the New Jersey courts do not have a straightforward or objective approach when it comes to calculating your damages from emotional trauma. This varies from how economic damages are determined, as medical bills and pay stubs can be easily referenced.
With that being said, you must share the full extent of your psychological symptoms with your trusted mental health medical professionals and your loved ones. This will only strengthen your medical diagnosis and witness testimonies, or otherwise a couple of the rather scarce pieces of evidence that can be used for your claim.
All in all, you deserve a fair and reasonable amount of financial compensation to recover your non-economic damages, such as your emotional trauma. To make this possible, employ one of the talented Bergen County personal injury attorneys at your earliest possible convenience.