Part 1 of this article discussed when injured drivers and passengers can sue for pain and suffering damages after motor vehicle accidents in NJ (Marlton, Cherry Hill, Southampton, etc.). Part 2 of this article will discuss exactly what pain and suffering damages are under NJ auto accident injury law.
Pain and suffering is different for everyone. There is no exact formula to calculate an injured driver or passenger’s pain and suffering. However, there are factors that affect pain and suffering damages.
Pain and Suffering from the Injuries
The most obvious type of pain and suffering is how the injury affects the person physically. If a driver injured in a NJ Turnpike accident has several broken bones, he is obviously suffering from pain. In addition, he will likely need surgery to repair his broken bones. Having to undergo painful surgery and the actual pain the driver suffers as a result of his injury are part of pain and suffering damages.
Daily Life
How injured drivers or passengers’ injuries affect their daily lives after NJ car accidents is another factor we must examine to determine pain and suffering damages.
Again, this is different for everyone. The same injury can have a vastly different effect on an injured person’s daily life depending on the person’s age, hobbies, work, etc.
Let’s compare the pain and suffering damages between a carpenter and an accountant after a NJ car accident and assume that they have the same injury, i.e., broken leg as a result of the car accident.
They both need surgery to repair the fractured leg, and they both lose time from work due to the surgery and recovery time. After 4 weeks, the accountant goes back to work, but still needs to use crutches to get around.
However, the carpenter cannot go back to work because he cannot work with crutches. His job requires him to stand, walk, climb or bend to fix things. It is impossible for him to return to work. Therefore, he cannot return to work until he no longer needs his crutches or a device to walk around. Ultimately, the carpenter is out of work for another 4 months. During that time, he starts to suffer from depression because he cannot work and is worried about his family’s financial situation. As a result, he needs to see a therapist to help him emotionally.
In this situation, the carpenter’s pain and suffering is greater than the accountant because he could not return to work for a significantly longer period of time and also suffered from depression.
It is important for injured drivers and passengers to consult with an experienced NJ car accident lawyer to help them with their car accident lawsuit. An experienced car accident lawyer will know all of the factors that affect pain and suffering and help their clients recover the full financial compensation they are entitled to.
Injured in a car, truck or pedestrian accident in New Jersey?
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