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What Is the Meaning of Pain and Suffering in a Personal Injury Claim?

Pain and suffering is a legal term used in personal injury cases. It refers to the emotional and the physical trauma that you have suffered as a result of injuries caused by another person or organization’s careless or reckless behavior. This is called negligence, in legal terms.

Pain and suffering includes many things that are not as visible as bruises and broken bones. Pain and suffering includes subjective measures, such as:

  • Loss of enjoyment of life after suffering a permanent injury
  • Loss of being able to be an active parent to your children if you have suffered permanent injury
  • Humiliation and embarrassment from scarring and disfigurement
  • Any accident-related emotional and mental distress
  • Fear and anxiety related to driving after the accident
  • Depression post-accident

Just being limited in your ability to throw a baseball or work out at the gym or socialize with friends may be potentially included in pain and suffering. If you jump every time you hear a loud noise and your accident triggered this fear of loud noises, this can be “calculated” as pain and suffering.

Truly, pain and suffering is subjective. And it can be difficult to place a dollar value on emotional troubles that you now experience due to the accident. However, this is part of what an attorney’s job is. The attorney can seek to prove how your life has suffered as a result of a personal injury. It is helpful for you as the victim to record what has happened post-crash and how your life has changed. Journals like these can be useful in a personal injury claim.

Meantime, insurers actually have developed standards to help determine the financial compensation they are willing to pay for various types of pain and suffering. It can sometimes be the case that the insurer will simply take medical costs and multiple them by a certain amount and define that as pain and suffering.

Contact the Law Offices of Gregg A. Wisotsky, Personal Injury Attorney, NJ

At the law offices of attorney Gregg A. Wisotsky, I can answer your questions, explain your rights, and represent you in a personal injury claim. Contact my office online or call me at 973-241-7468 for a free consultation. Additionally, I charge no attorney fees unless I win your case on your behalf. In addition to personal injury law, I also practice criminal defense.

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