When you’re injured in an accident, whether in a car wreck, dog bite attack, or even a construction accident, it’s safe to say you’ll experience physical — and nonphysical — pain and suffering. Even minor injuries can cause emotional distress and mental anguish. Calculating damages for pain and suffering in your New Jersey personal injury case is not an exact science, and there’s no special formula for attorneys to use. Our personal injury lawyers serving New Brunswick have outlined what you need to know about calculating pain and suffering damages for an accident in NJ:
Understanding Tangible vs. Intangible Losses
When you are injured, it’s essential to know that damages sought in your personal injury claim can be tangible or intangible. Tangible losses include medical bills, time away from work, diminished capacity to earn a living, and the cost of replacing your car. Intangible losses are those losses that can’t be assigned a dollar figure for each individual person — they’re actually called non-economic due to the inability to be objectively measured. While things like medical records and lost wages can be gathered and calculated, determining non-economic losses requires using available evidence to attempt to measure the pain and suffering experienced by the injured claimant.
Insurance companies like to suggest that damages for pain and suffering are limited to a multiple of the economic damages of the claim. For instance, if your claim involves $50,000 in economic losses, then pain and suffering might be limited to 1.5 times that amount, or $75,000. However, most personal injury attorneys don’t rely on this antiquated way of determining intangible loss.
When calculating how much to demand for pain and suffering for an individual client, personal injury attorneys look at:
-The severity of the injury
-The nature of the injury
-The future impact the injury will have on the claimant’s life
-Any scars, disfigurements, or impairments resulting from the accident
-Any disabilities that result from the injury
-The length required for recovery
What Are Damages for Pain and Suffering?
A variety of damages can result from a personal injury, including physical pain as well as emotional and mental suffering. Additionally, if the accident resulted in a loss of enjoyment in life or a lower quality of life, then that is also taken into consideration. It’s recommended to keep a journal of the pain and suffering you experience to demonstrate to the court the level and intensity of your difficulties. Be sure to document your feelings with friends and family, too.
Have You Been Involved in an Accident in NJ? Get the Pain and Suffering Compensation You Deserve
If you’ve been injured in a car accident or other occurrence where you’ve been harmed, physical pain and suffering may not be the only drawbacks — your mental and emotional wellbeing can take a toll, as well. An experienced personal injury lawyer can help build your case to be compensated for the visible and nonvisible turmoil. For more information about how a personal injury lawyer or workers’ compensation lawyer can help you, or to receive a free consultation, reach out to our team today!
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