What does pain and suffering mean in a personal injury case?
There are a few key terms you’ll hear in a personal injury case, such as liability, damages and pain and suffering. While liability and damages may be easier to define, pain and suffering is a bit more tricky. What exactly IS pain and suffering? What does it entail? And is it something that the injured party can sue for?
What is Pain and Suffering?
Pain and suffering is a general damage that refers to the physical and emotional anguish someone suffered as a result of their injury. The law recognizes two types of pain and suffering: physical and mental. Physical pain and suffering pertains to the victim’s physical injuries that brought pain, discomfort and lasting effects, especially in the case of catastrophic injuries. Mental pain and suffering, however, is the mental anguish they’ve had to endure as a result of their injury. This can include anything from emotional distress, loss of enjoyment, anxiety, depression, fear and much more. In severe circumstances, mental pain and suffering can also include post-traumatic stress disorder, which is triggered by experiencing or witnessing a traumatic event. Signs of PTSD often include having flashbacks and severe anxiety that can significantly impair a person’s life.
In both cases, pain and suffering is not just about the present situation but of how likely the victim is to experience this continual pain in the future.
A common example of pain and suffering is if someone lost their limb as a result of a severe car accident. Many amputees suffer from what’s called phantom limb pain, which are ongoing painful sensations that seem to emanate from the part of the limb that’s been removed. These sensations can last for years. In addition to the physical pain, the victim may also be suffering from a loss of enjoyment, anxiety and depression if they are unable to work or partake in their favorite activities or perform the routine tasks they could before the accident.
How is Pain and Suffering in a Personal Injury Case Calculated?
Every situation is unique. In New Jersey, it is up to the jury to determine how much the plaintiff should be awarded based on a number of different factors. These include:
- The impact the injuries had on the person’s personal and professional life
- How the injuries have negatively impacted the person’s ability to perform routine tasks, enjoy recreational activities, hobbies, relationships and overall lifestyle
- The extent to which the individual’s life has been affected by the injuries
- The lasting effect of these injuries
If you’ve been injured by someone else’s negligence, you have rights to compensation. At Team Law, our attorneys have decades of experience handling complex personal injury cases and will fight aggressively on your behalf to make sure that you are fairly compensated for your injuries. No one should have to endure the financial, personal and emotional burdens of someone else’s negligent actions; at Team Law, we understand that your health and overall well being are most important to moving forward and getting your life back on track. We will help you get there. Give us a call today: 1-800-832-6529.
Contact A Clark Personal Injury Attorney For A Consultation About Your Accident Case In New Jersey
Were you or a loved one injured due to a personal injury in New Jersey? Then you need to talk to an experienced personal injury lawyer as soon as possible for guidance on how to proceed. The Perth Amboy personal injury attorneys at Team Law are prepared to assist you with your legal claim. We represent victims of motor vehicle accidents, slips and falls and workplace accidents throughout New Jersey, including Clark, West New York, Perth Amboy, and Edison. Call us today at 1-800-832-6529 or fill out our online contact form to schedule a consultation. Our main office is located at 136 Central Avenue, Clark, NJ 07066, and we also have offices in West New York, Perth Amboy, Summit, New Brunswick, Plainfield, Highland Park, Newark, Orange, Jersey City, and Union City.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.