Can a Car Accident Make Mental Health Worse? NJ Legal Guide

All Practice Areas

When someone is involved in a car accident, the damage isn’t always visible. While broken bones and whiplash are easy to identify, psychological injuries often go unnoticed — yet they can be just as devastating.

If you’ve experienced anxiety, PTSD, depression, or emotional distress after a car crash in New Jersey, you may be eligible to file a mental health injury claim. Understanding how to do so — and what evidence is required — can help you pursue the compensation you deserve.

Mental Health Injuries After a Car Accident: Are They Recognized in NJ?

Psychological Trauma Is Legally Valid

Yes, you can file a personal injury claim in New Jersey for emotional or mental harm sustained in a car accident. This includes:

• New psychological conditions caused by the accident
• Worsening of pre-existing mental health conditions (like anxiety or PTSD)

Common Mental Health Symptoms After a Crash

Car crashes can trigger or intensify emotional responses such as:

1. Panic attacks
2. Insomnia and nightmares
3. Flashbacks and fear of driving
4. Depression and loss of enjoyment in life
5. Increased irritability or mood swings

These symptoms are very real — and the law may entitle you to compensation for mental and emotional distress if it can be proven.

 

Pre-Existing Conditions: Can You Still File a Claim?

Aggravation Claims Are Permitted

One of the most common questions victims ask is:

“I already had anxiety or depression before the crash — can I still file a claim?”

Yes, you can. If your symptoms were manageable before the accident and significantly worsened as a result, you may be eligible for compensation.

Examples of Aggravation Claims

1. A combat veteran with controlled PTSD begins experiencing daily flashbacks after being rear-ended.
2. A person with mild depression develops suicidal thoughts and needs intensive psychiatric care after a crash.
3. Someone with managed anxiety becomes unable to drive, work, or engage socially post-accident.

New Jersey law acknowledges the worsening of pre-existing conditions as a valid basis for legal action.

 

New Jersey’s Legal Standards: What You Need to Know

What Is the “Verbal Threshold”?

New Jersey uses a legal framework known as the “verbal threshold” (also called the “limitation on lawsuit”). If you chose this option when purchasing car insurance, it limits your ability to sue for non-economic damages like emotional distress — unless your injury meets a specific legal standard.

Can Mental Health Injuries Meet This Threshold?

They can, but it’s more challenging than with physical injuries. You’ll typically need:

1. A formal diagnosis
2. Proof the condition significantly impairs your life
3. Expert evaluations linking the crash to the worsening condition

Although the bar is high, with the right legal representation and documentation, it is possible to meet this threshold and recover damages for mental trauma.

 

How to Prove Psychological Harm in an NJ Injury Claim

Documentation Is Crucial

Mental health claims often face more scrutiny from insurance companies because they’re harder to quantify. That makes detailed and consistent documentation essential.

Types of Evidence to Collect

To support your claim, consider gathering:

1. A formal diagnosis from a psychiatrist or psychologist
2. Mental health records before and after the accident
3. A personal symptom journal
4. Statements from loved ones, coworkers, or therapists
5. Expert testimony linking your trauma to the crash

The goal is to show a clear change in your condition that is tied to the accident.

Daily Journal: A Simple But Powerful Tool

Keeping a written log of your emotional state, panic episodes, sleep quality, and emotional reactions can demonstrate the real-life impact of the accident. These entries provide compelling evidence when presented to insurers or in court.

 

How Auto Insurance Covers Mental Health in NJ

Personal Injury Protection (PIP) and Emotional Injuries

New Jersey’s no-fault system means you’ll first turn to your own PIP insurance after a crash. But not all PIP policies automatically cover mental health treatment, especially therapy or psychiatric medications.

What If Insurance Doesn’t Cover It?

If your PIP plan doesn’t cover therapy, your health insurance may help. If that still leaves gaps in coverage — or the insurer refuses to acknowledge the emotional harm — a personal injury lawsuit against the at-fault party may be your best option.

A successful claim could result in:

• Therapy and counseling coverage
• Medication reimbursement
• Compensation for emotional distress
• Lost wages due to mental incapacity

 

Checklist: Steps to Take if You’re Experiencing Mental Health Issues After a Crash

1. Seek treatment from a licensed mental health provider
2. Document your symptoms and get a formal diagnosis
3. Compare your current mental state to how you felt pre-accident
4. Keep a journal of your daily struggles and emotional triggers
5. Ask family or coworkers to document changes they’ve observed
6. Contact a personal injury attorney experienced in psychological injury claims

 

When to Contact a Lawyer for a Mental Health Claim

Timing Matters

New Jersey imposes a two-year statute of limitations on personal injury claims. That means you generally have two years from the date of the accident to file a lawsuit. Delaying could jeopardize your right to recover compensation.

Signs You Should Speak to an Attorney Now

1. Your mental health symptoms are getting worse
2. You’re struggling with daily functioning or work
3. Your insurance company is denying therapy or medication
4. You had pre-existing conditions that have now flared up
5. You’re unsure how to prove your case or handle documentation

A lawyer will help build a strong case, work with medical professionals, and fight for compensation that reflects the emotional toll of the accident.

 

Frequently Asked Questions

Can I file a claim for mental health injuries if I had anxiety or depression before the accident?
Yes, you can. New Jersey law allows personal injury claims for the aggravation of pre-existing psychological conditions. If you can show that the car accident made your existing anxiety, depression, or PTSD significantly worse, and that this change has impacted your daily life, you may be entitled to compensation. The key is demonstrating a clear before-and-after contrast in your mental health, supported by medical records and professional evaluations.

Is it difficult to prove emotional distress in a car accident claim?
Emotional distress claims can be more challenging to prove than physical injuries because they are often subjective and less visible. However, with strong supporting evidence — such as medical documentation, expert psychiatric assessments, personal journals, and testimony from those close to you — it is absolutely possible to make a compelling case. A skilled personal injury attorney can help gather the right documentation and present your claim effectively.

Will my car insurance cover therapy or psychiatric treatment after the accident?
That depends on the specifics of your Personal Injury Protection (PIP) coverage. Some PIP plans in New Jersey include provisions for mental health treatment, while others do not. If your PIP policy doesn’t cover therapy or medications, your health insurance may be able to step in. Additionally, if you pursue a claim against the at-fault driver, mental health treatment costs can be included in the damages you seek.

Do mental health injuries meet the legal threshold for lawsuits in New Jersey?
They can, but the requirements are strict. Under New Jersey’s verbal threshold (or limitation on lawsuit), you must demonstrate that your injury is serious enough to bypass the no-fault system. For psychological injuries to meet this threshold, they typically need to be diagnosed by a licensed mental health professional and shown to substantially interfere with your normal life. Conditions like PTSD, severe anxiety, or major depressive episodes caused or worsened by the crash may meet this standard.

How soon should I contact a lawyer if I believe the accident affected my mental health?
You should speak with a personal injury lawyer as soon as you notice mental health symptoms that could be related to the crash. Time is important, both for preserving evidence and complying with New Jersey’s two-year statute of limitations on personal injury claims. A lawyer can guide you in gathering the necessary documentation and ensure you don’t miss critical legal deadlines.

 

Contact The Epstein Law Firm, P.A., Today

If you’re experiencing anxiety, PTSD, depression, or any other form of mental distress after a car accident in New Jersey, know that you are not alone — and your pain is valid.

These cases are complex but winnable. With proper documentation and the guidance of a skilled attorney, you can pursue the compensation you need to get treatment and reclaim your peace of mind.

Contact The Epstein Law Firm, P.A., today to schedule a free consultation. Let a professional help you navigate the legal and insurance systems while you focus on healing.