car accident lawyer new jersey

Calculating Pain and Suffering in a Car Accident Case

Car accidents can leave victims with a variety of losses. If your accident involved injuries, chances are you are dealing with medical expenses, lost income, and property damage. These types of losses are easily quantified – medical expenses can be proven and extrapolated into the future, as can lost income, and the damage to a vehicle or other property can usually be easily demonstrated. Non-economic losses, such as physical and emotional pain and suffering, present a challenge for victims. Even if the fact that an injury is causing pain is not in doubt, how can one measure the severity of that pain and how do we place a monetary value on how much that suffering is worth?

Obtaining Damages for Pain and Suffering

One important issue that victims need to keep in mind when pursuing damages for pain and suffering is that they need to be able to document how their injuries are affecting them. For example, if your injuries are so painful as preventing your from sleeping, you should make a note of every time you wake up in pain or are unable to sleep at all. Similarly, keep notes on when your injuries prevent you from engaging in activities that you otherwise would have engaged in.

Importantly, judges, juries, and insurance companies respond well to medical documentation. For this reason, it is important for you to go to the doctor to document your pain even if you do not feel that it is necessary or you have a personal aversion to pain killers. Seeing a medical professional document your injuries in a variety of ways, including the following:

  • A description of your injuries
  • Medical records
  • Prescriptions
  • Surgical records
  • Photographs of your injuries

Because of the subjective nature of establishing the monetary value of pain and suffering, it is important for victims to retain an attorney familiar with representing accident victims. A skilled lawyer will be able to present evidence regarding your pain and suffering in a way that will maximize the settlement or award you receive.

Contact a New Jersey Car Accident Attorney Today for More Information

If you have been injured in a car accident, you may be legally entitled to significant compensation for your pain and suffering and other losses. To schedule a free consultation, call New Jersey car accident lawyer David H. Kaplan today at 973-426-0021 or send us an email through our online contact form.