How Are Pain and Suffering Damages Calculated in New Jersey?

In any personal injury case there are two types of damages: economic damages and non-economic damages.

Economic damages are easy to calculate. They’re your medical bills, car damage bills, and other expenses which are backed up by hard numbers. Non-economic damages, also known as pain and suffering, are harder to pin down.

As such, the bulk of the negotiation in your personal injury settlement conferences will generally revolve around an appropriate pain and suffering award level. The defense will be trying to reduce yours as much as possible, while your attorney will be working hard to maximize the figure.

If the case goes to trial, the jury will determine the award amount.

Award Factors

In New Jersey, a pain and suffering award is wholly negotiable. There is neither a minimum figure nor a capped amount. There is no chart or formula you can consult to give you an exact figure.

Instead, much will boil down to your attorney’s negotiation skills. 

There are a number of factors which will be taken into account.

• How much has your life changed as a result of this injury?
• Can you still work?
• Have you lost a body part?
• Do you need severe psychological counseling to get over trauma from this accident or injury?
• Has the injury or accident changed your home life?
• How are you sleeping?
• How old are you? 
• How much have you lost as a result of this injury?
• Have you been scarred or disfigured?
• Will the injury heal? Will it always be with you in some form or fashion? Is it likely to turn into a form of chronic pain or suffering?

Your attorney may base the starting negotiation figure on what local juries have awarded to personal injury victims with similar injuries and life impacts in the past. 

Maximizing a Pain and Suffering Award

There are some things you can do to maximize a pain and suffering award.

First, stay off of social media. Social media posts can undermine the narrative your attorney is trying to create. While it would be nice if both sides could appreciate life in all its complexities the truth is that maximizing an award often depends on each attorney’s ability to create a clear and uncomplicated narrative. 

Second, involve an attorney as early in the process as you can. Many people wait for over a year to contact a personal injury lawyer.

In reality, it’s often better to contact an attorney as soon as you’re medically capable of doing so. You can do it the day of the accident, and you can even send them to handle the insurance companies for you.

This allows your attorney to gather evidence while it’s still fresh and to contact witnesses before numbers and addresses change. It also ensures you don’t say or do anything with the insurance company which might undermine your case.

Need help? Contact us for a free consultation today. We’ll tell you if you have a strong case, and will help you determine your next steps.