How to Determine Damages from Pain and Suffering?
Posted March 25th, 2019 by Anthony Carbone, PC.
Categories: Personal Injury.
When it comes to a personal injury claim in New Jersey, you may have some confusion concerning the word “damages.” Personal injury damages refer to the total amount of an award or settlement someone receives stemming from a negligence claim. However, that’s only the tipping point.
If you are serious about filing a negligence claim, you are going to want to know the specifics of what damages you can and cannot receive. For the purpose of today’s blog, you need to know that some damages are easier to quantify than others.
Whether it’s showing proof of your loss of income or your medical bills, you are seeking what they call “special damages.” Therefore, you may hear your attorney refer to your medical bills and lost wages as “specials.” These numbers can show the real value of your case.
Damages from Pain and Suffering in New Jersey
You probably have your own ideas about the legal definition of pain and suffering. The human body associates physical pain with many feelings and sensations. Different events and injuries can trigger different levels of pain. Even medical treatments can invoke pain.
A claim for pain is typically accompanied by an assertion that the claimant also suffered as a result of his or her injuries. In most cases, this includes emotional distress. Let’s say you are afraid to get back into your vehicle following a major car accident. The pain from your injuries has given you anxiety. This anxiety may keep you up at night or worse, cause depression.
Documenting These Damages
Insurance agencies in New Jersey can be skeptical when it comes to the demands associated with pain and suffering damages. Why? Because there is no true way to measure a claimant’s pain. Most insurers are reliant on the notes of medical providers and the victim’s story. That is why it’s important for claimants to document everything that happens to them, including but not limited to:
- Pain medications and prescriptions
- Physical observations
- Extent of your injuries
- Length of time it takes an injury or injuries to improve
- Need for surgical intervention
- Physical and rehabilitative therapy participation
In some cases, it can be harder to assess pain and suffering. Consider a newborn infant who was a victim of medical malpractice. Babies tend to cry more often than not, so what steps can be taken to prove that the crying was associated with actual pain or suffering? That’s why a claimant’s credibility and consistency are both considered in settlement offers.
Contact the Law Offices of Anthony Carbone
If you were injured because of negligence in New Jersey, the Law Offices of Anthony Carbone can assist you with your claim. You deserve compensation for pain and suffering. Contact us today at 201-762-8956 to schedule a meeting to discuss the circumstances of your case.
