When someone injures you in an accident, you likely know you should be compensated for your financial losses, which can easily be added up to determine the economic damages that you suffered. You might also know you can claim damages for “pain and suffering”, or non-economic damages, but are unsure how much you can sue for.
In New Jersey, at least, there is no limit to the amount of pain and suffering you can claim, and our attorneys can help you get as much as your case is worth. To prove your pain and suffering, we will gather evidence showing how the accident has caused physical pain, mental or psychological anguish, and other harm. Our attorneys use our combined legal experience of over 100 years to determine a full and fair amount for your pain and suffering damages and will fight on your behalf for compensation.
Contact the New Jersey personal injury attorneys at Agrapidis & Maroules, P.C., today at (201) 777-1111 for a free case review.
Is There a Limit on the Amount of Pain and Suffering I Can Recover in a Lawsuit in New Jersey?
You are likely familiar with the term “pain and suffering” and even know you could be entitled to them after someone injures you. However, most injury victims in New Jersey are not aware of what damages are included in their pain and suffering. The next question many have after learning about these damages, also known as non-economic damages, is how much they are worth in a lawsuit. However, pain and suffering damages are not calculated like medical bills and lost wages. They must be assessed by accounting for your injuries’ full impact on your physical and emotional well-being.
Pain and suffering can manifest in numerous ways. Many injury victims live with physical pain, like neck pain from suffering whiplash injuries, that persist for months or years. You can be compensated for living with this pain and the emotional distress, mental anguish, depression, and other physical effects it might lead to. You can also claim pain and suffering for feelings of anxiety or humiliation, especially if you have visible scarring or were disfigured. Our New Jersey personal injury lawyers have a few methods to assess your non-economic losses. We can also determine if the law limits how much you can recover.
Evaluating Pain and Suffering
To evaluate your pain and suffering, we must first assess your economic damages. This state also refers to pain and suffering as “general” damages, which, along with your economic losses, make up your “compensatory” damages under N.J.S.A. § 2A:15-5.10. The amount of your economic damages, also known as “special” damages, will impact how we assess your pain and suffering.
For example, if we use the “multiplier” method, we will need an accurate calculation of your economic damages. With this approach, your pain and suffering damages will be based on the amount of economic losses, so not accounting for each loss can cost you. A multiplier between 1 and 5 will be assigned to your pain and suffering based on factors like the length and severity of your injuries. The worse your injuries, the higher the multiplier. The final amount of pain and suffering will be the product of that number and your economic damages.
The other evaluation technique is the “per diem” method. Under this approach, a daily dollar amount is assigned for your pain and suffering, which is then multiplied by the number of days you are projected to endure it. The per-day dollar value will correspond to the severity of your injuries. Thus, we will need evidence, like medical and mental health records, that shows how significantly your life has been impacted so your daily suffering is not undervalued.
Limits on Pain and Suffering
Some states place legal limits on the amount of pain and suffering that can be awarded, unjustly barring victims from compensation. Fortunately, New Jersey only limits pain and suffering in lawsuits against public entities. A “public entity” is any local or state government agency, such as NJ Transit. According to § 59:9-2(d), though, no limits will be placed on pain and suffering in these cases if the victim sustains permanent loss of a bodily function, medical expenses over $3,600, or permanent dismemberment or disfigurement.
The law does not cap pain and suffering damages for all other legal claims, like those against other drivers or doctors for malpractice. The only limits on your non-economic damages will be those placed on them by the court. Suppose you and the defendant cannot agree on a number for pain and suffering damages during settlement negotiations. In that case, the judge or the jury will decide the question during the trial.
As such, we will want to obtain the most evidence we can to prove the suffering your injuries have caused without question. We will likely have you, family, friends, and mental health providers testify to give the court multiple perspectives of your life and attitude.
What Factors Can Impact the Pain and Suffering I Claim in My New Jersey Lawsuit?
As you might suspect, compensation for pain and suffering can differ significantly in each case since the factors vary widely. One of the biggest influences on how much you can recover is how long you will likely live with pain and suffering. A broken arm or leg can be a severe injury, but they typically heal given the proper treatment. Pain and suffering in these cases would not be as high as those for someone who was paralyzed or suffered brain injuries in an accident.
The intensity of your pain can also increase the value of your case. Even if you suffered what might look like minor injuries, you could be in an incredible amount of pain if neurological damage was the actual underlying issue.
Reach Out to Our Personal Injury Attorneys in New Jersey Today for Help
Call Agrapidis & Maroules, P.C., today at (201) 777-1111 for a free case analysis with our Newark, NJ personal injury lawyers.