Pain and suffering, in legal terms, refer to the physical and emotional distress experienced by an individual due to an injury caused by another party’s negligence or intentional actions. Physical pain encompasses the actual bodily harm, discomfort, and limitations resulting from the injury. Emotional suffering involves the mental anguish, anxiety, and psychological trauma associated with the incident and its aftermath.
What are damages?
In a personal injury case, damages refer to the monetary compensation awarded to the injured party for the losses and harm suffered as a result of the accident or incident. Damages are intended to make the injured party “whole” again, as much as possible, by compensating for various losses and impacts, including medical expenses, lost wages, property damage, and, significantly, pain and suffering.
Physical pain and suffering
Physical pain and suffering encompass the actual bodily pain, discomfort, and physical limitations experienced by the injured party due to their injuries. This can include acute pain from the initial injury, ongoing chronic pain, physical impairments or disabilities, disfigurement, and the inability to engage in daily activities or enjoy life as before the injury.
Emotional trauma
Emotional trauma, or emotional distress, is a significant component of pain and suffering damages. It involves the mental anguish, anxiety, depression, fear, and psychological trauma that an individual may experience due to the accident or injury. This can include post-traumatic stress disorder (PTSD), sleep disturbances, mood disorders, and the overall impact on the individual’s quality of life and emotional well-being.
New Jersey laws on pain and suffering
In New Jersey, pain and suffering damages are governed by specific laws and precedents. The state follows a modified comparative negligence rule, which means that an individual can recover damages for pain and suffering as long as their degree of fault is less than 51%. Additionally, New Jersey has implemented caps on non-economic damages, such as pain and suffering, in certain types of cases, like medical malpractice claims.
Why you should hire a personal injury lawyer
Proving pain and suffering in a personal injury case can be a complex and challenging task, requiring a deep understanding of the legal system and extensive experience in evaluating and presenting evidence. Skilled personal injury lawyers possess the necessary expertise to effectively navigate these cases, work closely with medical professionals and mental health experts, and build a strong case to maximize the compensation for their clients’ pain and suffering.
How to determine pain and suffering
To accurately quantify pain and suffering, lawyers carefully examine various factors, including medical records, expert testimony, documentation of physical limitations and disabilities, evidence of emotional distress and psychological trauma, the impact on personal relationships and quality of life, loss of enjoyment of daily activities, and potential future medical expenses and ongoing care needs. By thoroughly evaluating these elements, lawyers can present a compelling case that accurately reflects the extent of their client’s pain and suffering, ensuring fair and just compensation.