Pain and Suffering After an Auto Accident

The term “pain and suffering” sounds pretty straightforward, but as a legal term, it is strict and complex. You can only receive money for pain and suffering in specific circumstances, and it takes an attorney who understands the law to prove that your car accident case qualifies. 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 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 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.

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 might seek through 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 disabilities that result from accident 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 cause a victim trauma, leading them to experience PTSD or other similar mental health issues as a result. 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 changes or limitations 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 depends on the type of car insurance you have. If you’ve been hurt in a car accident in New Jersey, you must pursue compensation for your injuries and losses under the state’s no-fault rules. As a no-fault state, New Jersey requires all drivers to have an insurance policy that includes personal injury protection (PIP) coverage. PIP coverage reimburses insured drivers and passengers who suffer injuries in a car accident, including medical expenses, lost income, and essential services (e.g., housekeeping and childcare). Injured drivers and passengers can access PIP benefits from the driver’s insurance policy regardless of who caused the car accident. The availability of PIP coverage, regardless of fault, defines the no-fault system.

Policyholders can choose from one of two options for their PIP coverage. With the “no limitation on lawsuit” option, an injured car accident victim can sue an at-fault driver for noneconomic losses like pain and suffering. Under the “limitation on lawsuit” option, an injured driver or passenger cannot sue the motorist at fault for the car accident for noneconomic losses unless they have suffered injuries that meet the “verbal threshold,” such as:

• Displaced fracture
• Permanent injury/disability
• Loss of a fetus
• Significant disfigurement/scarring
• Dismemberment/loss of a body part
• Fatal injuries

If you chose the limitation on lawsuit option, you may need experienced legal counsel to help you pursue a claim for car accident 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 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, the more compensation you may recover for pain and suffering. Injuries requiring intensive care or a 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 undervalue the extent of your pain and suffering. Gathering substantial evidence of your pain and suffering can help you during settlement negotiations. This includes putting together a list of people in your life who have witnessed firsthand how much the car accident changed your life. The more witnesses you have who can testify to your pain and suffering, the stronger your case will be. To learn more about how much you might be eligible to receive in pain and suffering, a personal injury attorney experienced in car accident claims can 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)
• 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 severe 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, 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. There’s no charge to meet with us, and we only get paid if we recover money for you.