How is Pain and Suffering Calculated & Damages Awarded in a NJ Personal Injury Claim?
Personal injury accidents can leave you hurting physically, mentally, emotionally, and financially.
The amount of pain and suffering a person may experience varies from case to case and is unique to each personal injury claim. Although some people may be relatively unaffected by an accident, others may suffer more either from their actual injuries or anxiety related to what they experienced. The term “pain and suffering” also refers to the emotional and physical pain and challenges or hardships suffered due to the injury in question and the affects that injury has had on the victim’s life. If you were injured because of the actions of another, you might be owed damages: economic damages, for quantifiable losses you suffered, and non-economic damages, for pain and suffering.
Any individual considering a personal injury claim must seek experienced and effective personal injury representation. Regardless if it’s from immediate injuries, such as broken bones or lacerations, traumatic brain injuries, or muscle strain, painful medical treatments, or future pain, such as chronic backaches or joint pain from injuries caused in a car accident, truck accidents, commercial vehicle accidents, construction accident, motorcycle accident, ladder, and scaffolding accident, slip and fall accidents, bicycle and pedestrian accidents, negligent security, dog bites, medical malpractice, workplace injury, product liability, traumatic injuries, sexual abuse, premises liability, an accident you believe resulted in wrongful death or any other kind of accident.
An expert personal injury attorney will help mitigate comparative negligence determinations, make sure your physical and mental pain and suffering are properly calculated and represented, and protect you from being taken advantage of by insurance companies whose only responsibility is their own bottom-line.
Calculating Pain & Suffering in a Mercer County Personal Injury Case
New Jersey does not cap non-economic damages (including pain and suffering awards) or medical malpractice damage awards, and there isn’t a table, schedule, or formula by which a person’s pain and suffering, disability, impairment, or loss of enjoyment of life may be measured in financial terms.
When the court, jury, or lawyer attempts to place a dollar value on pain and suffering, they will often consider:
- the extent to which the injured party’s daily routine has been limited or changed
- the impact the injury has had on relationships at home or work
- if the pain or injury has affected the individual’s sleep or other lifestyle factors?
- the long term extent to which the injury will impact that person
If you or someone close to you is the victim of someone’s negligence and has suffered a serious personal injury, you need an experienced and knowledgeable attorney on your side. At Kamensky Cohen & Riechelson, we are here for you, to help you pursue compensation for losses and your pain and suffering.
Contact us online to arrange a free consultation with one of our attorneys.
What is the Difference Between Economic & Non-Economic Damages?
To prove pain and suffering as part of a personal injury claim, you will need medical records, copies of your medical bills, documentation or photographs of your injury, and records of any prescription medications you may have to take to recoup, among other things.
Economic damages are any quantifiable losses you may have incurred or suffered as a result of your personal injury:
- medical expenses
- vehicle repairs
- repairs to a damaged structure
- rehabilitation costs
- disability if any (long or short term)
- lost wages
- diminished earning potential
Non-economic damages refer to unquantifiable losses:
- long-term pain
- PTSD or post-traumatic stress disorder
- depression or humiliation suffered as a result of the accident
- loss of enjoyment of life (i.e., loss of sexual function or being forced to give up a hobby or fear of leaving the house or anything that person previously enjoyed)
- inability to live an active lifestyle
Filing a Pain & Suffering Claim? Contact A New Jersey Personal Injury Attorney
After an accident, hiring expert personal injury lawyers is the best way to protect your rights and obtain fair compensation. If you or someone close to you suffered a serious personal injury, the attorneys at Kamensky Cohen & Riechelson are here to help you pursue compensation for your losses. We will examine the available evidence and consult with medical experts to determine the best course of action in your case.
Contact us online or by telephone at (609) 528-2596 from New Jersey or (215) 337-4915 from Pennsylvania to arrange a free, confidential consultation with an experienced New Jersey and Pennsylvania injury attorney. One of our knowledgeable attorneys will be happy to answer your questions and advise you on the most effective legal options available to you.