How to Pursue Compensation for Pain and Suffering in New Jersey Personal Injury Claims

How to Pursue Compensation for Pain and Suffering in New Jersey Personal Injury Claims

When dealing with personal injury claims in New Jersey, one of the critical aspects to consider is compensation for pain and suffering. This type of compensation addresses the physical and emotional distress experienced due to an injury. Understanding the process of pursuing these damages can significantly impact the outcome of your claim.

1. Understand Pain and Suffering in New Jersey

In New Jersey, pain and suffering damages are usually categorized as non-economic damages. This means they are subjective in nature and not tied to any specific monetary loss like medical bills or lost wages. Courts consider various factors when evaluating pain and suffering, such as the severity of the injury, duration of recovery, and the influence on daily life.

2. Document Everything

Proper documentation is imperative for establishing a strong claim for pain and suffering. This includes:

  • Medical records detailing your condition and treatment.
  • Photographs of your injuries.
  • Journals documenting your pain levels and emotional distress.
  • Testimonies from family and friends about how your life has changed.

3. Consult with a Personal Injury Lawyer

Engaging a personal injury attorney with experience in New Jersey laws can significantly enhance your chances of obtaining the compensation you deserve. A lawyer can help you navigate the complexities of the legal system, gather crucial evidence, and negotiate with insurance companies on your behalf.

4. Calculate Your Pain and Suffering Damages

Determining the appropriate amount for pain and suffering can be challenging. Many attorneys use formulas or multipliers based on medical bills to calculate non-economic damages. For instance, if your medical expenses are $10,000 and the injury is particularly severe, your lawyer might apply a multiplier of 3, resulting in $30,000 for pain and suffering.

5. Be Prepared for Negotiations

Once you have a calculated figure for your pain and suffering, be prepared for negotiations with the insurance company. They may initially offer a lower amount than expected. Having a solid case backed by documentation and a clear understanding of your needs will empower you during these discussions.

6. Consider Going to Trial

If negotiations with the insurance company are unsuccessful, you may need to consider taking your case to trial. This decision should be made with the guidance of your attorney, who can help you weigh the benefits and risks. A trial can result in a more favorable outcome but can also be time-consuming and emotionally taxing.

7. Factors Influencing the Settlement

Several factors can influence the outcome and amount of your pain and suffering compensation:

  • The extent of your injuries and medical treatment.
  • Your age and profession.
  • The impact of the injury on your daily life and happiness.
  • Evidence of negligence or liability on the part of the other party.

Conclusion

Pursuing compensation for pain and suffering in New Jersey personal injury claims involves understanding the legal framework, documenting your experience meticulously, and working with an experienced attorney. By employing these strategies, you can enhance your chances of successfully obtaining the compensation you deserve.