What is 'Pain and Suffering' in a Car Accident Case?

What is ‘Pain and Suffering’ in a Car Accident Case?

What is Pain and Suffering?

Pain and suffering is the legal term for the physical and emotional stress caused from an injury.  

  • Physical pain and suffering (Special Damages)
  • Mental pain and suffering (General Damages)

A well documented injury is entitled to an award for pain and suffering regardless of the type of accident.

Factors Determining the Amount of Pain & Suffering

The final settlement an injured person receives for their pain and suffering depends on many factors. These include:

  • The severity of the injury.
  • Type of medical treatment received.
  • The length of recovery time
  • Potential long term consequences of the personal injuries.
  • Emotional and psychological trauma.
  • Visible or incapacitating injuries.

Factors the Influence Jury or Settlement Awards

Some of the factors that can change the outcome of an jury or settlement award are:

  • Socio-economic and jurisdictional facts, including recent jury verdicts.
  • If the plaintiff is a good or bad witness?
  • Plaintiff is credible and believable.
  • Testimony of the expert witnesses.
  • Particular facts surrounding the accident and direct outcome.
  •  Medical reports and doctors testimony pertinent to the cause, the injury and the consequences.
  • Criminal record.
  • Employment record supporting the loss of benefits.
  • Financial record supporting the loss of future benefits.
  • Experience of the Attorney representing the case for the type of injury.
  • The value or policy limits of the Defendant.

Injured? We Can Help!

Are you someone who has been injured due to negligence of someone else's fault?  It is important that you understand New Jersey laws to make a proper and full claim for your injuries, pain and suffering and property damage.

What if I Cannot Afford a Lawyer?

All the lawyers in our referral program work on contingency fee basis.  This means, that the lawyer only gets paid if they recover money for you from the insurance company.

Each Case is Different!

Your case may be impacted by "serious injury" threshold or the traditional insurance coverage for the healthcare.  Another factor that may impact your case can be the New Jersey's "modified comparative fault" rules.  Statute of limitations can restrict the filing of your claims and recovery. Simply put, each accident, each claim, each injury is unique to it's set of circumstances.  And all of these factors impact your ultimate medical and legal recovery.

Understanding all these issues and navigating can be difficult for an average person.

Finally, getting timely advice from an experienced personal injury attorney can make difference in the ultimate recovery of your claim.  

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