Anyone who has watched daytime court television has probably heard the phrase “pain and suffering” being used during personal injury lawsuits. Due to the media’s exaggeration and focus on this issue, many people mistakenly believe that damages or suffering caused by pain and suffering are simply used as excuses to collect more money during a claim. This misconception couldn’t be further from the truth.
Defining Pain and Suffering
Pain and suffering are terms used to define types of damages that a victim suffers as a result of an injury. When pursing a personal injury case, pain and suffering may fall into two categories: physical or mental. Physical pain and suffering may prevent a victim from functioning at full capacity. Courtrooms often order the guilty party to compensate the victim for the negative repercussions caused by the claimant’s physical injuries. At times, courts may also order damages for pain and suffering that is likely to arise in the victim’s future as a result of the injury. Mental pain and suffering are more difficult to prove in court because it involves things such as negative emotions, shock, emotional distress, and trauma. While doctors can easily verify physical pain and suffering, it is much more complicated to identify and remedy mental distress.
Calculating the Monetary Value of Your Pain and Suffering
Calculating the monetary value of a victim’s pain and suffering is difficult for courtrooms. Currently, no standard guidelines exist that accurately measure how much monetary damages should be awarded based on the victim’s level of pain and suffering. In many cases, judges rely on a multiplier, which means the level of pain and suffering is determined by some multiple of the total value of the injured victim’s lost earnings and medical bills. The multiplier may range anywhere between 1.5 and four times the total value of the victim’s damages. Judges often look at various factors when determining whether a multiplier should be used and the level of that multiplier. These factors may include:
- The plaintiff’s credibility
- The plaintiff’s consistency in testifying about their injuries
- Whether the judge suspects the plaintiff is exaggerating or not
- Whether the plaintiff’s doctor collaborates the victim’s complaints
- The plaintiff’s criminal record
- Whether the plaintiff lied during their claim
Contact a Voorhees Personal Injury Lawyer to Discuss Your Pain and Suffering Case in New Jersey
Did you or a loved one sustain serious injuries in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party, or their insurance company, to do the right thing. Right now, you need an aggressive personal injury attorney on your side and fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Garber Law represent clients injured in Voorhees, Philadelphia, Camden, Cherry Hill, and throughout New Jersey and Pennsylvania. Call 866-556-2962 or email us to schedule a consultation about your case. We have an office conveniently located at The Greens of Laurel Oak, 1200 Laurel Oak Road, Suite 104, Voorhees, NJ, as well as offices located in the Aramark Building, 1101 Market Street, Suite 2820, Philadelphia, PA.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.