What Constitutes Pain and Suffering in a Personal Injury Case?

woman experiencing suffering

When you’re the victim of an injury at the hands of someone else, not only are you physically injured, but you may also experience emotional anguish as a result. However, you are entitled to compensation for the pain and suffering you endure after an injury. Continue reading to understand what this term means in a legal context and how a Middlesex County personal injury attorney can help you get the justice you deserve.

What Are the Types of Pain and Suffering?

Unfortunately, there are many kinds of pain and suffering one can endure after an injury. One of the most common forms of pain manifests as physical injuries. For example, broken bones, brain injuries, organ damage, or paralysis can all qualify as physical injuries and, in many cases, can lead to chronic pain.

However, you may also bear emotional pain or suffering. Often, being involved in accidents can lead to physiological damage, like Post Traumatic Stress Disorder, trouble sleeping, diminished quality of life, anxiety, and depression.

If the accident results in the death of a loved one, you have the right to sue for pain and suffering caused by your loss. For example, suing for loss of companionship, care, intimacy, wages, and love can all fall under loss of consortium, which is often synonymous with pain and suffering.

In general, it is not uncommon for the victims of accidents to receive a diagnosis of one or more of these issues, which makes it extremely difficult to live a normal life.

How Is It Calculated?

While it seems challenging to calculate something non-concrete, like pain and suffering, it is possible. While some states have specific formulas and guidance to award compensation, New Jersey operates on a case-by-case basis, taking differing factors into account when offering a settlement.

Some of the factors included in determining how much you can receive for your pain and suffering include:

  • Whether or not your injury is chronic
  • The severity of the injury
  • The estimated recovery period
  • The impact of the damage on your daily life

The state will also take into account medical bills and any lost wages that resulted due to the inability to work following an injury. Also, New Jersey does not have a cap on compensation for those impacted by hardship as a result of a personal injury, only imposing a limit on punitive damages.

How Can I Prove Pain and Suffering?

It may seem challenging to prove the extent of the damage endured, especially if they are mental or non-visible physical injuries. However, there are steps you can take to help verify your experience, including retaining documentation and evidence.

For example, you’ll want to keep all doctor’s notes, therapy records, photographs, and journals, as these can all be turned in as evidence to help prove to a courtroom that you’ve experienced immense agony as a result of the injury.

You should also invest in the counsel of a seasoned personal injury attorney to help fight for the justice you deserve. Contact Stathis & Leonardis, LLC today to schedule a consultation.

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