Discover the Various Options Available for Pain and Suffering Damages in Personal Injury Claims in Lacey, Freehold, Wall, Monmouth and Ocean County, NJ
Pain and suffering can be described as any of the injuries caused by negligence. They are considered compensatory damages that are divided into physical suffering and mental suffering. These types of damages are typically the after-effects of an accident arising out of negligence in New Jersey. Pain and suffering damages are subject to compensation and are commonly added on to the injury award handed down by the judge or jury.
As you can expect, pain and suffering damages can be extremely subjective. Judges and jury are left with wide discretion when determining if the plaintiff has met their burden of proving the existence of pain and suffering. However, if the plaintiff can demonstrate pain and suffering or present evidence that speaks to the relevant factors of pain and suffering, the judge or jury can validate the existence of pain and suffering and award these damages to the injured victim.
Criteria Used to Determine if Pain and Suffering Applies in a New Jersey Injury Case
When determining whether there is pain and suffering in a plaintiff’s case, the impact of the pain and suffering is a very big factor. Courts will look at the impact of the pain and suffering in different areas of the plaintiff’s life. The court’s will first look at the how much the plaintiff’s life has been affected by the pain and suffering and how much their life has changed. They will look at whether or not the plaintiff’s personal and professional lives have been altered and to what extent. They will examine the plaintiff’s mental and emotional health because of the accident. The court will then closely analyze how the plaintiff’s lifestyle has been affected in terms of recreational activities, their relationships, and daily living. Lastly, courts will look at any long-term consequences that affect the plaintiff as a result of any pain and suffering.
Calculating the Extent of an Injured Victim’s Pain and Suffering in NJ
The damages from pain and suffering are calculated by the courts by looking at a variety of different factors. For example, the courts will first look at the severity of the injuries that the plaintiff suffered and if it is reasonable to determine any consequential or secondary injuries that could arise from that. They will look to see if the injuries are permanent and/or the plaintiff has any disfigurement, such as amputation or scarring, as a result of the initial injury. The courts will come to an estimated number of the plaintiff has suffered financially and whatever tangible losses they might have. Finally, the court will then see how long it is estimated that the plaintiff will take to fully recover if possible.
The Role of Duration and Severity of the Victim’s Injuries
It is extremely important to determine the duration and severity of the victim’s injuries because this will help the court determine if pain and suffering is present in the plaintiff’s case, and it will also help the court determine how much money the plaintiff can be awarded as a result of any pain and suffering that the plaintiff has.
Understanding Economic and Non-Economic Damages in the Realm of Personal Injury Law
Economic damages are anything that the plaintiff had to spend money out of their own pocket due to the injury they suffered. As long as it can be shown that they have spent money out of their own pocket because of the injury they cause by acting negligently, then this can be considered economic damage. Lost wages as a result of the accident can also be considered economic damages.
Non-economic damages are classified into two categories. Pain is a non-economic damage caused by the actual sensation of the accident. The sensory repercussions of any trauma suffered in the accident can be seen as pain. Pain can be long lasting or short term.
Suffering is the second category and it can be defined as whatever negative impact on the plaintiff’s life that was caused by the accident. This typically consists of non-tangible losses, such as a dramatic effect on the quality of the plaintiff’s life because of the defendant’s negligence.
Unlimited Compensation for Pain and Suffering Damages in New Jersey
In New Jersey, there is no limitation on pain and suffering damages. Pain and suffering damages are compensatory, and no limitation is set on the amount that the court can award. The only type of compensation that there is a limitation on is punitive damages.
Contact Our Experienced Personal Injury Lawyers to Discuss Pain and Suffering in Your Injury Claim in NJ
An attorney who has experience with pain and suffering damages in a personal injury case is an extremely valuable asset to have in the plaintiff’s corner when suing someone for negligence. Our personal injury lawyers know exactly what the court needs to see in order to award compensatory damages for pain and suffering. We are highly equipped in the realm of evidence collection and presentation and can successfully persuade the court that the plaintiff has incurred pain and suffering.
We always aim to present the most comprehensive evidence to support your claim so that you can significantly increase the damages you are awarded. If you have questions regarding a personal injury claim involving a car accident, motorcycle accident, swimming pool, slip and fall, or construction accident in Lakewood, Eatontown, Jackson, Toms River, Holmdel, Freehold, Belmar, Manasquan, or another area in Monmouth County, Ocean County, and Southern New Jersey, contact us at (732) 303-7857 today for a free consultation.
