How Do You Calculate Pain and Suffering Damages After a Personal Injury Accident?

When someone suffers mental and physical injuries from a personal injury accident in NJ, they have the right to seek compensation. This type of compensation is known as pain and suffering compensation. There are no defined guidelines for calculating pain and suffering in New Jersey. Your personal injury lawyer in Newark can estimate the total cost of your pain and suffering based on various factors.

Factors That Influence Pain and Suffering Damages

The following factors will be taken into account to determine the value of your claim:

  • Injury type and severity
  • The extent to which your injury has left you handicapped or impaired
  • Scars or disfigurements
  • The estimated time it will take for you to recover
  • The type and duration of treatment you underwent
  • Psychological and emotional effects of the injury on the victim
  • The degree to which the victim’s injuries adversely affect their lifestyle, marriage, family, or general wellbeing
  • Long-term effects of these injuries on the plaintiff

How to Prove Pain and Suffering Damages

Your medical records, diagnostic tests, photos of your injuries, and medical bills are useful to prove your pain and suffering in court. You may be able to prove your pain and suffering by keeping a journal of your daily pain level on a scale from 1–10 and the activities you miss with your family while injured.

Recording your emotional state during your recovery in your journal may also be helpful. If you need help gathering and presenting evidence to prove the value of your pain and suffering damages, a personal injury lawyer can help.

No Cap on Pain and Suffering Damages in New Jersey

New Jersey does not limit the value of non-economic damages you can receive for your injuries. The only limit for compensation is punitive damages, intended to punish the defendant for negligent, malicious, and intentional acts. The maximum amount of punitive damages is five times the compensatory damages or $350,000, whichever is higher.

An Experienced Injury Lawyer Can Help You

If you are experiencing pain and suffering, you need a compassionate attorney fighting for the damages you deserve. A personal injury lawyer in Newark will protect your rights and answer your questions about collecting compensation for your injuries. Get Your FREE Attorney Consultation today.

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Clare Louise