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Can you sue for pain and suffering in NJ?
Pain and suffering is a non-economic damage that injury victims can claim as part of their compensation settlement. The State of New Jersey does not have limits on the amount an injured party can claim for this damage.
However, determining the value of this loss will be unique to each case.
Understanding the definition of pain and suffering and what factors are used to determine the amount will help you understand this portion of your compensation package much better.
The Legal Definition of Pain and Suffering
Pain and suffering are defined as both physical and mental. Because the injured victim would not have experienced this pain and suffering, either physical or mental, if the accident had not occurred, they have the right to claim compensation.
Physical Pain and Suffering
Physical pain and suffering have to do with the actual bodily injury. The pain from the injury and the suffering associated with the recovery or ongoing discomfort. Physical pain and suffering will also take into account any anticipated pain and suffering from the physical injury.
Mental Pain and Suffering
Mental pain and suffering refer to any negative emotion experienced by the injury victim due to the injuries. This can include shock, embarrassment, anger, fear, humiliation, distress, anxiety, or depression. It is not limited to these feelings.
Mental pain and suffering can also include the loss of enjoyment of life if the injuries now prevent the victim from experiencing life as they did before the accident.
Determining The Amount For Pain and Suffering
There are many things that are taken into consideration when pain and suffering damages are calculated. Some of these considerations include:
- How much the injuries have diminished the victim’s ability to enjoy life as they did prior to the accident.
- How the injuries have physically changed the victim
- Have the injuries impacted the personal life of the victim
- Have the injuries affected the professional life of the victim
- Long-term impact of the injuries on the victim’s life
- How the injuries have affected the mental and emotional well-being of the victim
- Will the pain, suffering and emotional stress continue in the future
Your attorney will also take into account the physical pain that you experienced immediately from the injury and during your recovery period.
As you can see, determining the value of pain and suffering is a very complex issue. Your attorney has the experience and knowledge necessary to help you ask for an accurate amount for this type of compensation.
The Importance Of Legal Representation
Creating comprehensive compensation packages requires the skills of an accident attorney. Your attorney has the skills needed to obtain the maximum recovery for your losses.
Insurance companies like to dispute pain and suffering requests. Having an attorney manage your claim will ensure that they pay attention to the importance of this type of compensation.
The morning you woke, you did not know that your life was about to change from a car accident. The pain and suffering you have experienced from that accident are very real. Make sure that you are treated fairly by the insurance company and speak with an NJ car accident attorney about your right to claim compensation for your losses.
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