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Intentional infliction of emotional distress

On Behalf of | Feb 1, 2021 | Personal Injury

New Jersey residents injured in an accident that is the fault of someone else or a company may get compensated for emotional distress. Generally, there are two ways that the court may view these situations.

Pain and suffering

Typically, you can receive monetary damages for pain and suffering when you win a personal injury lawsuit. New Jersey law does not set a cap on the amount of damages that you can receive, so you may want an experienced lawyer to help you get as much as possible.

Intentional infliction of emotional distress

The other way you may be able to get compensated for damages is called intentional infliction of emotional distress. This choice can be more challenging to prove than pain and suffering damages in a personal injury lawsuit.

What must you prove to receive compensation for intentional infliction of emotional distress?

The New Jersey Supreme Court ruled that you must prove that the person intended to cause you emotional distress. You must show that the other person’s actions were outrageous and that any civilized society would find them so. Finally, you must convince the court that you suffered emotional distress greater than the average person would be able to endure.

What can you expect to receive?

New Jersey lawmakers have set no specific amounts that you can receive if you prove pain or suffering or intentional infliction of emotional distress. Working with a personal injury lawyer may help you decide what you want to ask for and help you fight for your rights.