How Are Damages Calculated for Pain and Suffering?

woman in pain

When you file a personal injury claim, you are likely looking to recover the damages you incurred from an accident. Such damages can be economic or non-economic in nature, or both. One type of non-economic damage that may be cited is pain and suffering. Follow along to find out how your damages are calculated for this and how a proficient Morris County personal injury lawyer at Lutz Injury Law can assist you.

What are economic damages vs. non-economic damages?

First of all, economic damages refer to the monetary losses you experience due to your accident. Examples are as follows:

  • Present and future medical expenses.
  • Present and future lost wages.
  • Repair or replacement of property.

Then, non-economic damages refer to the subjective, non-monetary losses your experience due to your accident. Aside from pain and suffering, examples are as follows:

  • Emotional distress.
  • Loss of companionship.
  • Loss of enjoyment of life.

What is pain and suffering?

With that being said, pain and suffering is the physical and mental anguish you experience due to your accident. Examples of both these physical and mental aspects are as follows:

  • Physical pain and suffering:
    • Your physical discomfort causes you to permanently lose mobility or the total function of a certain body part.
    • Your physical discomfort causes you to permanently lose your ability to provide companionship or services for your loved ones.
  • Mental pain and suffering:
    • Your mental despair causes you to feel depressed that you cannot carry out your day-to-day activities because of your physical discomfort.
    • Your mental despair causes you to feel depressed that you cannot provide your loved ones with companionship or services due to your physical discomfort.

How can I recover damages for my pain and suffering?

Since economic damages are connected to your monetary losses, it is relatively straightforward for the New Jersey court to calculate how much financial compensation you may recover. That is, they will refer to your provided medical bills, property damage estimates, past pay stubs, etc.

But when it comes to non-economic damages, like pain and suffering, such calculations tend to be more subjective. This is because there is no real tangible evidence for the New Jersey court to reference. Usually, they will rely on your testimony and any provided witness testimonies. But overall, they will rely on their best judgment.

However, this is not to say that it is impossible to recover damages for your pain and suffering. In fact, this is quite achievable with the help of a talented Morris County personal injury lawyer. With one of our lawyers by your side, you will have a chance at receiving the financial compensation that you require to heal. So, you should not hesitate in reaching out to our firm today.

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