FAIR LAWN PERSONAL INJURY LAWYER ADVICE: EMOTIONAL DISTRESS DAMAGES.
A Fair Lawn Personal Injury Lawyer assists accident victims to recover compensation. If the victim suffers a physical injury, compensation may include reimbursement for medical bills and lost wages. It further may include compensation for the pain and suffering of an injury. That includes emotional pain and suffering.
But what happens if the client of the Fair Lawn personal injury lawyer does not suffer a physical injury. Suppose the victim suffers ONLY emotional harm. What then? Can such a victim sue for compensation?
The general answer is no. If an accident victim suffers only emotional harm, he or she generally cannot sue for compensation.
When a Victim CAN Sue for Emotional Distress.
However, under New Jersey law, there is at least one case where an accident victim who suffers only emotional harm can sue.
But only if five things took place. First, someone else must have been killed or severely physically injured in an accident. Second, the party being sued must have negligently caused the accident. Third, the person suing for emotional distress must be related to the person who was physically injured or killed. Fourth, the person suing for emotional distress must have witnessed the accident. Finally, the person suing must have suffered severe emotional distress caused by viewing the injury to their relative.
A New Jersey judge recently ruled in a case involving an emotional distress claim. Unfortunately, the victim did not file the proper paperwork on time. Therefore, the judge tossed his emotional distress claim out of court.
Lessons of the Case.
Consequently, the case teaches two lessons. First, if you suffer an injury in an accident, emotionally or otherwise, contact a personal injury attorney immediately. Deadlines to take legal action can expire very soon. In the case in question, because the victim proceeded against the government, the first deadline was just 90 days from the accident.
The second lesson is that it’s crucial for a victim to hire an experienced personal injury lawyer. One who is familiar with all deadlines that apply.