What Types of Losses Are Covered? How Much Can You Recover for Pain and Suffering?
When you’ve been hurt in any type of accident in New Jersey, as a consequence of the carelessness or negligence of another person, you have the right to file a legal claim to recover for all losses sustained in the accident. That includes both tangible, or “economic” losses, as well as more subjective, or “non-economic losses.” Among the most common non-economic losses for which compensation may be awarded are those for “pain and suffering.” What does pain and suffering cover? How much can you reasonably expect to recover for pain and suffering?
What Is “Pain and Suffering and What Does It Cover?
In New Jersey, the term “pain and suffering” refers to both physical discomfort and emotional anguish arising as a consequence of an accident. The physical discomfort may include aches, pains, burning, itching, loss of mobility or flexibility, loss of use, amputation or permanent scarring or disfigurement. Emotional pain and suffering can take the form of depression, anxiety, shame, loss of sleep or other mental distress.
When allocating a value to a plaintiff’s pain and suffering, the court will typically look at a variety of factors:
- The ways in which the injury limits, alters or changes the plaintiff’s day-to-day routine or activities
- The extent to which the injury affected the plaintiff’s relationships with others, both at home and at work
- The impact the pain and suffering have on sleep patterns, mobility issues or other lifestyle activities
How Much Can an Injured Person Expect to Receive as Damages for Pain and Suffering?
Unlike many states, New Jersey does not have a statutory limit on damages for pain and suffering, so the amount available will vary from case to case, typically based on the nature of the injury, the severity of suffering and the culpability of the at-fault party. New Jersey is, however, a modified comparative fault state, so an injured party must be less than 50% responsible for causing the accident in order to recover any compensation.
Contact Howard D. Popper, P.C.
At Howard D. Popper, P.C., we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.