Pain and suffering is a type of non-economic damage that can be awarded as part of a personal injury claim. Because of the complexity and judgment required to estimate pain and suffering, hiring an experienced personal injury attorney is imperative to get the compensation you deserve. Their experience will help to be prepared to explain and justify your calculation.
Pain and suffering refer to the physical and/or emotional stress associated with an accident and the injuries caused by it. For example, if a driver suffered a burn injury, the driver would probably recover money for the agony of enduring the injury itself, the associated treatment, the discomfort it caused, and any limitations imposed on the claimant's lifestyle. The driver would also likely recover money for the stress and limitations associated with being permanently injured.
Types of Personal Injury Cases Involving Pain and Suffering
Personal injury generally refers to any type of case involving harm or injury to one’s body or mind, due to someone else’s negligence. For instance, if you are injured in a car accident caused by a distracted driver, you may have a personal injury claim because of that driver’s negligence. Another example could be a personal injury claim against an employer who failed to follow safety guidelines and thus toxic chemicals caused serious illness and long-term disability for a worker. Examples of personal injury cases types include:
- Car accidents
- Truck accidents
- Medical malpractice
- Slip and fall accidents
- Workplace injuries
- Wrongful death
Compensation for Pain and Suffering
There are no specific rules around how pain and suffering is calculated in a claim. Insurance companies, judges or juries look at the severity and permanency of your bodily injuries. Other factors include the long-term effect on lifestyle factors like sleep, the daily living routine, as well as relationships in the home and work environments.
Limits on Pain and Suffering
Some states impose limits on the award amounts possible for pain and suffering and other non-economic forms of damages. For personal injury lawsuits in New Jersey, there is no limit on the monetary award possible for pain and suffering or other similar types of damages. The only cap in New Jersey is on punitive damages. Punitive damages are rare and are meant to cover times where a party acts particularly egregiously, the worst of the cases. These damages are capped at five times the amount of compensatory damages or $350,000, whichever is greater.
Brandon J. Broderick Can Help You Recover Compensation
It’s important to contact an experienced personal injury lawyer to maximize your compensation for damages if you’ve been seriously injured due to someone else’s negligence. At Brandon J Broderick, Attorney at Law, we understand the trauma that you and your family may be going through. We also know the importance of your case and its outcome. In addition to the passion and client-care we bring to every case, we will interact with insurance companies on your behalf as well as compile and review witness statements, medical reports, and other health care provider information to show the extent of your injuries.
Contact us today for a free consultation. One of our trusted team members will listen to your story, learn about your case, and can advise you next steps. Many of our clients feel a sense of relief once they make that first phone call.