When you’ve been injured in an accident in New Jersey, you may be entitled to compensation not only for your medical bills, property damage, and lost wages, but also for the physical pain and emotional suffering that you have endured. Unlike economic damages, pain and suffering are more subjective and harder to measure. When pursuing compensation for your pain and suffering, understanding your legal rights and how your damages are calculated is imperative in protecting your interests. Continue reading and consult with an experienced Middlesex County personal injury attorney today for more information.
What Does “Pain and Suffering” Mean?
The term “pain and suffering” refers to the physical and emotional distress that the victim of an injury experiences after being involved in an accident. Physical pain can include the immediate and continuous discomfort that results from your injuries. For example, you could suffer months or even years of recurring pain after suffering from whiplash in a car accident.
NJ courts also recognize that injuries can take a mental toll on a victim. Depression, anxiety, sleep disorders, and even PTSD can arise after an accident. Pain and suffering are considered non-economic damages, meaning they are intangible and do not have a clear monetary value, but are still considered compensable losses.
How Are Pain and Suffering Calculated in NJ Injury Settlements?
There is no fixed formula that explains how pain and suffering are calculated in a New Jersey settlement. Instead, attorneys, insurance companies, and juries rely on different methods to determine a fair number. Below are two of the most common methods to calculate pain and suffering.
- Multiplier method: Medical expenses and economic damages are multiplied by a factor from 1.5 to 5, depending on the severity of the injuries and the impact they have had on the victim’s daily life. The result is the amount of damages that will be awarded for pain and suffering.
- Per diem method: A daily rate is assigned based on the severity of the injuries and multiplied by the number of days the victim is expected to experience pain and suffering
There are many factors that influence the value of a pain and suffering settlement in NJ. The severity and permanence of the injury are the most important considerations. Serious injuries like spinal cord damage or traumatic brain injuries will generally yield higher settlements as they can affect every aspect of daily life long-term.
Courts will also consider how the injury disrupts the victim’s work, relationships, and hobbies. For example, if you can no longer pursue your career as a guitarist because you sustained significant hand injuries, the loss of livelihood and passion will be considered.
Calculating pain and suffering during a settlement is often complex. By understanding how these damages are evaluated and the most important factors, you can protect your rights and maximize your compensation. Reach out to a skilled attorney for more information and legal advice today.
