How Is Pain and Suffering Determined In Personal Injury Cases?

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Unfortunately, your life can change in a matter of moments. Whether you’re the victim of a car accident or have suffered medical malpractice at the hands of healthcare professionals, injuries sustained due to the negligence of others can leave you with pain and suffering. However, you should not be left to deal with the repercussions without justice. Our Monmouth County personal injury attorneys are ready to help fight for your rights.

What Constitutes Pain and Suffering?

Understanding what pain and suffering is is essential to ensuring you can be properly compensated for your injuries. Pain and suffering come in different forms, including physical injuries and mental anguish as a result of the incident or damages sustained.

Examples of physical injuries include broken bones, paralysis, scarring, brain injuries, organ damage, or back pain. Not only do these issues cause intense pain when they happen, but they can also become chronic. This means you’ll continue living in pain as a result of the injuries.

The accident itself and the sustained injuries can lead to mental anguish as a result. Often, after traumatic accidents, many experience depression, anxiety, diminished quality of life, post-traumatic stress disorder, and trouble sleeping. When these are compounded with other symptoms, it can cause intense suffering.

How Do I Prove It?

While proving a physical injury is easy, thanks to x-rays or CT scans, it can be more challenging to prove mental injuries. However, it is possible, but you need to take the proper steps.

You’ll want to ensure you retain all records of doctor’s visits and therapy or counseling sessions. Similarly, you can submit a report from your therapist detailing the extent of your mental state after the accident.

You may also collect entries from journals or text messages to friends in which you detail your feelings. Though it can be challenging to make these private correspondences public, it can help prove your case in a court of law. In general, the more evidence you can provide, the stronger your suit will be.

Am I Eligible for Compensation?

After you suffer from an injury due to another party’s negligence, you may think you’re only eligible for financial compensation in relation to the medical bills or for any property damage that occurred. However, you can also receive a settlement for the anguish you’ve experienced.

In many states, there is a limit on how much you can receive for pain and suffering cases. However, New Jersey does not cap that amount, meaning you will get the full settlement you deserve. Generally, the amount is calculated per diem or by the multiplier method. The per diem method assigns a dollar amount from the date of the accident to when the victim will reach maximum recovery. The multiplier method occurs when the court multiplies the actual damages on a scale of one to five, depending on the extent of the injury and suffering.

If you were injured at the hands of another, you don’t have to suffer in silence. Contact The Wilton Law Firm to obtain the help of a seasoned lawyer. We are ready to fight for your justice.