Pain and Suffering After an Auto Accident

The term “pain and suffering” sounds pretty straightforward, but as a legal term, it is extremely complex. Medically, pain is more complicated because what we refer to as pain is something that is invisible; but to the accident victim it is likely the most valuable part of their personal injury case. Under the personal injury laws of the states of New Jersey and New York, a victim of a car accident can only receive money for pain and suffering in specific circumstances, and it takes an experienced personal injury lawyer with a proven track record of arguing pain and suffering cases for a settlement to insurance adjuster and judges, and for a verdict to a jury. Physical impairment, loss of limb, physical pain, disfigurement, loss of quality of life, loss of enjoyment of life, loss of consortium, and emotional distress are all types of “damages” commonly referred to as pain and suffering.

With over 40 years of experience and a proven record of success, our attorneys at Davis, Saperstein & Salomon, P.C. know how to demonstrate and prove the profound emotional impact of a serious car accident. We have recovered over $1 billion for personal injury victims, including money damages for pain and suffering, and we’re proud to say that 98 percent of clients win a settlement or verdict in their favor. We’ve helped over 35,000 clients get the results they deserve following a devastating accident or injury, including survivors of traumatic car accidents. In fact, several of the partners and associates of the firm have lectured and taught other New Jersey lawyers about proving pain and suffering as part of opening and closing statements during jury trials. To learn more about how we can prove the extent of your pain and suffering in a car accident claim, contact our office today to schedule a free consultation. We’re happy to meet in person or over video to discuss your case, and we provide translation services if English is not your primary language.

Legal Definition of Pain and Suffering

What is pain and suffering?

In personal injury law, the term “pain and suffering” refers to the physical and emotional distress or trauma that an injured person experiences after an event like a car accident. As such, pain and suffering damages are a category of compensation that an injured person is entitled to seek when they sue a defendant during a personal injury claim. This form of harm can arise from the accident itself, the injuries suffered in the accident, subsequent medical treatment (such as surgeries), or day to day disabilities that resulted from accident related injuries.

Types of Pain and Suffering

Pain and suffering damages come in two primary forms: physical and mental. Physical pain and suffering refer to the pain and discomfort caused by accident-related injuries and medical treatment for those injuries. For example, broken bones, lacerations, burns, nerve damage, and soft tissue injuries cause the physical sensation of pain. An accident victim can also experience pain from medical treatment for their injuries, such as post-operative pain.

Mental pain and suffering refers to emotional trauma or distress that an accident victim experiences. The shock of an accident can lead to PTSD (Post Traumatic Stress Disorder) or other similar mental health issues. An accident victim may also develop emotional distress after the accident due to temporary or permanent disabilities; or visible scarring/disfigurement. This can, in turn, lead to anxiety or depression due to the accident related changes or limitations they now experience in their life caused by injuries, disabilities, or disfigurement.

Can I Get Paid Money for Pain and Suffering Damages After a Car Accident?

The answer may depend upon the type of car insurance you purchased, or the no-fault automobile insurance a resident related to you by blood purchased. If you’ve been hurt in a New Jersey car accident, you must pursue payment for some or all of your medical bills and lost wages initially from your own auto insurance policy; or if you do not own a car, then the car insurance company of your blood relatives that reside with you. This is called No Fault Automobile Insurance. This is the law under New Jersey’s No-Fault auto insurance laws. As a No-Fault Auto Insurance state, New Jersey requires all drivers to have an insurance policy that includes personal injury protection (PIP) coverage. PIP Auto Insurance coverage provides insured drivers and passengers who suffer injuries in a car accidents, benefits to the extent of their coverage for their medical expenses, lost income, and essential services (e.g., housekeeping and childcare

Policyholders can choose from one of two options regarding their right to sue for temporary and permanent injuries. With the “no limitation on lawsuit” option, also known as a “zero threshold ,”an injured car crash victim can sue an at-fault driver for noneconomic losses like pain and suffering. Under the “limitation on lawsuit” option, also known as “Limited Tort, or “Verbal Threshold,” an injured driver or passenger can sue the motorist at fault for the car accident for noneconomic losses if they have suffered injuries that meet the “verbal threshold,” such as:

• Displaced fracture
• Permanent injury such as a herniated or bulging disc, torn cartilage or ligaments
• Loss of a fetus
• Significant disfigurement/scarring
• Dismemberment/loss of a body part
• Fatal injuries

If you choose the limitation on lawsuit option, you deserve experienced car accident lawyers to help you pursue and win your claim for car accident-related pain and suffering damages. Proving that you’ve suffered an injury that meets the verbal threshold can prove challenging without the help of an experienced attorney with a history of winning similar car accident cases.

How Are Pain and Suffering Damages Calculated?

Economic losses, such as medical bills or lost income, are relatively straightforward to calculate with the help of financial records like bills, invoices, receipts, or pay stubs. On the other hand, calculating the compensation you deserve for your physcial and mental pain and suffering after a car accident requires a subjective analysis of the effects of the accident and your injuries on your life. While specific injuries may have taken a massive toll on your life, it can be difficult to prove just how severe the effects have been.

Generally, the more severe your injuries are, the more money damages you may recover from pain and suffering. Injuries requiring intensive care or more prolonged treatment and rehabilitation may entitle you to a more significant award. Suffering permanent disabilities or disfigurement can also increase the size of your pain and suffering damages. You might also recover more compensation for pain and suffering based on the accident’s severity. For example, if you were in a head-on collision or rollover crash, you might recover compensation for the mentally traumatic nature of the car accident.

That said, the insurance company will want to pay you as little as possible, so you should expect them to fight by undervaluing the extent of your pain and suffering. Skilled and experienced personal injury lawyers understand how to verbalize and prove your pain and suffering during settlement discussions. This includes putting together a list of people in your life who have witnessed firsthand how your car accident-related injuries changed your life. The more witnesses you have who can testify as to your pain and suffering, the stronger your case will be. To learn more about how much money you might be entitled to receive by way of pain and suffering damages, the personal injury lawyers at Davis, Saperstein & Salomon, P.C. who after evaluating you medical records may be able to provide an estimate.

How To Prove Pain and Suffering

Proving the extent or the value of the pain and suffering you have experienced in a personal injury lawsuit will require various pieces of evidence, such as:

• Medical records that document the injuries you suffered in the car accident and the treatment and rehabilitation you received.
• Diagnostic imaging of your injuries (e.g., X-rays, MRIs and EMG studies).
• Medical bills and provider notes that document your complaints of physical pain or emotional distress.
• Mental health treatment notes that document your mental anguish.
• Testimony from your treating medical providers, family members, friends, and co-workers.
• Your own testimony about the effects that your injuries and disabilities have had on your life and the physical pain and emotional distress you’ve experienced.

Reach Out to an Experienced Car Accident Attorney Today

If you’ve sustained injuries in a traumatic car accident, you may have the right to recover financial compensation for your pain and suffering through a car accident claim. Contact Davis, Saperstein & Salomon, P.C., today for a free, confidential no-obligation case evaluation to discuss your options for pursuing the full amount you deserve. We’ve recovered more than $1 billion on behalf of 35,000 people and families, and we can use this experience to determine the potential value of your car accident case. We only get paid at the end of your case if we recover money for you. You concentrate on recovering from your physical injuries while you let us worry about all of the legal issues involved in winning you a cash settlement.