When your child feels anxious after an accident, the effects go beyond physical injuries. Sleepless nights, sudden fears, and changes in behavior can disrupt your whole family’s life. New Jersey law sees these emotional injuries as important as physical ones. It offers ways to get compensation that many parents do not know about. Knowing these legal protections can significantly help your child’s recovery journey.
What emotional damages can you claim?
In New Jersey, you can claim two main types of emotional distress damages:
- Negligent infliction of emotional distress: When someone’s carelessness hurts your child’s mind
- Pain and suffering: Mental anguish, anxiety, and trauma from physical injuries
- Loss of enjoyment of life: When your child can’t do activities they once loved
- Impact on development: Long-term effects on social skills, schoolwork, or emotional growth
If you see your child’s injury, New Jersey courts let you claim emotional distress damages. This follows the “bystander liability” rule from Portee v. Jaffee.
How is your child’s emotional distress valued in a claim?
Measuring emotional trauma can be tricky, but several factors help you build your case:
- Therapists, psychologists, or psychiatrists give you medical records.
- School records show your changes in grades or behavior.
- Family members talk about the changes they see in you.
- Expert witnesses explain how childhood trauma affects you long-term.
The New Jersey Tort Claims Act might limit some damages in claims against government entities, but claims against private parties have no caps.
How can you protect your child’s future well-being?
Childhood trauma needs quick attention and thought regarding the possible long-term effects. When you seek compensation, think about both current treatment costs and future therapy needs. In New Jersey, you have until two years after your 18th birthday to file claims. But acting fast usually leads to better outcomes.
A personal injury attorney can help you document all of your child’s emotional injuries. This ensures settlement offers cover both visible and hidden wounds. This way, you secure resources for your child’s complete care during their recovery journey.