Personal injury cases in New Jersey often involve “pain and suffering.” Proving these non-economic damages requires substantial evidence. To secure the full compensation you’re owed, it’s vital to connect with our experienced Springfield Injury Lawyers to navigate these difficult times.    

What is Pain and Suffering? 

When you’re injured due to someone else’s negligence in New Jersey, you’re entitled to pursue compensation for your damages. This compensation is intended to make you “whole” again by covering your economic (tangible, out-of-pocket) and non-economic (subjective, intangible) losses. Essentially, it’s designed to offer relief from the financial burden of healthcare expenses and lost income, along with providing monetary compensation for bodily harm, psychological suffering, and diminished quality of life. 

In personal injury cases, pain and suffering fall under non-economic damages, which serve to compensate victims for the emotional and physical toll of the accident. This category of damages covers a range of consequences, including chronic pain, depression, anxiety, Post-Traumatic Stress Disorder (PTSD), the inability to enjoy hobbies, and permanent disfigurement or disability. Unlike economic damages, which are straightforward as they have a clear dollar amount assigned, non-economic damages are harder to quantify, usually calculated based on the severity of the injuries sustained. 

Is There a Cap? 

Unlike some states, New Jersey doesn’t have a specific limit on the amount of non-economic damages an injured party can recover. However, if you selected the “Limitation on Lawsuit Option” (also known as the verbal threshold) to decrease the cost of your insurance payments, you can’t pursue litigation for pain and suffering damages unless your injuries satisfy certain criteria. Common methods utilized include: 

  • The Multiplier Method: This involves taking your economic damages and multiplying them by a factor (normally 1.5 to 5), depending on the severity of the injury. 
  • The Per Diem Method: This involves assigning a specific dollar amount for every day you endure discomfort resulting from the incident until recovery. 

Assigning a monetary value to pain and suffering is tough, given their subjective nature. Therefore, it’s generally left up to an insurance adjuster or jury.  At Lee Law Firm, LLC, we are ready to assist you in maximizing your recovery by fully documenting the impact on your life. 

What Evidence Can Be Used to Prove Pain and Suffering? 

Substantial documentation is essential for proving pain and suffering. Key evidence used to prove this non-economic damage includes:

  • Medical Records: A strong case rests on comprehensive medical records and a consistent treatment history. You must maintain records of diagnosis, treatment, and ongoing care. You should also keep notes from doctors describing pain and limitations. It should be noted that any gaps in treatment can weaken your claim.
  • Medical Expert Testimony: When catastrophic injuries are involved, medical professionals can provide testimony on the extent of your injuries, detailing the long-term or permanent consequences. This can help show the physical pain and limitations your injuries cause.
  • Physical Evidence: Take clear photographs of injuries, scars, and recovery to illustrate the injury’s impact and severity over time. 
  • Pain Journal: Keep a diary detailing the symptoms you experience and how the injury affects your daily life and the symptoms. Provide specific examples, like sleep issues or mobility problems. 
  • Witness Testimony: Objective third-party observers can validate your personal account, including family, friends, and even coworkers. 

As you can see, proving pain and suffering requires strong evidence. At Lee Law Firm, LLC, we are prepared to help you fight for the maximum compensation you’re entitled to. Reach out to our office today to schedule a consultation.