Whether it’s a car crash or a construction accident, if you have been injured in an accident, you may be entitled to damages for pain and suffering after filing a personal injury lawsuit. These damages account for the physical pain and emotional anguish a person suffers after an accident.
In general, there are two main types of damages: economic damages and non-economic damages. Economic damages are any qualifiable losses (e.g. property damage, medical expenses, lost wages, etc.) you sustained after the accident, while non-economic damages are intangible losses (e.g. depression, anxiety, post-traumatic stress disorder (PTSD), long-term pain, loss of enjoyment of life, etc.).
Physical pain and suffering refer to the actual bodily harm you suffered due to the accident, such as the short-term and long-term pain from the actual injury and the diminished quality of life now and in the future. Mental pain and suffering refer to any emotional injuries stemming from the accident, such as distress, anguish, fear, anger, shock, and humiliation.
The court must determine the monetary amount for pain and suffering based on the following factors:
The extent to which the injured party’s life has been altered or limited by the injuries
How the pain or injury affects the injured party’s personal and professional life
Whether you suffered a permanent disability or impairment from the accident
Whether you suffered disfigurement or scarring
The long-term effects of your injury
Many states limit the amount of pain and suffering an injured party can recover. But in New Jersey, there is no cap on the maximum amount of compensation you can recover for pain and suffering.
If you wish to recover pain and suffering damages from your accident, you must show how your injury affected your life and emotional wellbeing. Other than your medical records and pictures which chronicle your entire recovery process, you should also keep a journal to document the level of pain you feel each day, the activities you are unable to perform, the events you must miss, and your emotional wellbeing.
If you or a loved one has been injured in an accident in New Jersey, contact our Woodbridge legal team at Palmisano & Goodman, P.A. today at (732) 709-4400 for a free initial consultation. Let us help you calculate and maximize your pain and suffering damages!