In a personal injury case in New Jersey involves a person or company causing an accident that injures someone. The injured party is called a plaintiff. The wrongful party is called a defendant. The plaintiff has the right to sue for damages. Damages are accident-related expenses the plaintiff endured because of the accident such as medical bills and lost wages.
Damages that can be calculated because of an invoice or bill are called economic damages. All an attorney must do is add up all the bills to prove their client is owed these damages. Another type of damages is called non-economic damages. These damages are not easily calculated and refers to damages such as mental anguish and pain and suffering. An accident attorney northfield nj must determine how much pain and suffering their client when through to obtain compensation.
What is Pain and Suffering in a Personal Injury Case?
Pain and suffering are literally the pain caused by the accident. For instance, it is the pain associated with having a broken arm that occurred in the accident. Suffering is the extent of harm the plaintiff endured because they were injured by someone’s negligence. This means it is the physical pain and emotional anguish the plaintiff experiences after an accident.
The Dollar Amount of Pain and Suffering
An attorney will calculate damages on their client’s behalf. This is an attempt to determine a dollar value on the plaintiff’s pain and suffering. It really hard to determine how much pain and suffering is worth. Honestly, many people believe the pain they endured is worth millions of dollars.
However, the individual calculating the dollar value about a person’s pain and suffering such as an attorney, jury or judge must look at several factors. These factors include the extent of the injury. For example, a plaintiff who loses a limb may endure more pain and suffering than a plaintiff who experienced whiplash in an accident.
Another factor is how much the injury impacts the plaintiff’s relationships at work or home. They also must look at long-term factors such as how long will the plaintiff experience the pain and suffering. Will the pain or injury affect the plaintiff’s lifestyle and sleep? This is another question the attorney, judge or jury must answer to determine the pain and suffering dollar amount.
Another factor that must be considered is if the plaintiff contributed to the accident. If they were 50 percent or less at fault they can recover damages. Their pain and suffering damages will decrease according to the amount of their fault.
New Jersey has No Cap on Pain and Suffering Damages
Many states limit the amount of non-economic damages such as pain and suffering. However, New Jersey isn’t one of those states. This means the plaintiff can receive high or low compensation. It’s important to contact an attorney regarding a personal injury case and whether compensation can be received for the pain and suffering caused.Read Full Article