When you sustain an injury at the hands of a negligent party in New Jersey, you may endure serious physical pain during and after the incident. However, as time progresses, the physical pain may begin to subside, but the emotional toll the accident has taken on you may continue. It’s no secret that accidents, whether a slip and fall at your local shopping mall or a head-on collision with a drowsy driver, can be incredibly traumatic. As such, if you have suffered emotional damages as a result of your accident and subsequent injuries, it’s vital to understand your right to seek compensation. The following blog explores what you should know about these matters, including the importance of working with a Clinton, New Jersey personal injury lawyer to explore your legal options following your accident.
What Constitutes Emotional Damages Following an Accident Under NJ Law?
When you are injured in an accident caused by the negligent actions of another person, you may know that you can seek compensation for the monetary damages you endure, like your medical bills or lost wages if you are unable to work due to the injuries. However, these accidents can often result in severe emotional distress for which you can also be compensated. Emotional damages are generally referred to as non-economic damages, as they do not have an attached monetary value like your hospital bills or lost wages do.
Generally, emotional damages include, but are not limited to, the following:
- Post-Traumatic Stress Disorder
- Anxiety
- Insomnia
- Depression
- Loss of enjoyment of life
- Humiliation
- Scarring or disfigurement
- Pain and suffering
Unfortunately, even if your physical injuries heal, you may be left with severe emotional damage as a result. For example, if you are involved in a serious car accident, you may be left with a fear of driving that impedes your ability to live your normal life. In some instances, you may suffer a severe depression that inhibits your ability to enjoy activities you once participated in, like cooking, fishing, or even coaching your child’s little league team.
How Are These Damages Calculated?
Unfortunately, because non-economic damages do not have an attached associated value and are entirely subjective, they can be difficult to calculate. As such, there are generally two options that the courts will utilize to determine the compensation you can recover. The first is the per diem method, which generally assigns a monetary value to each day that you endured suffering. For example, if your suffering is valued at $100 per day for 356 days, you would receive $36,500 in emotional damages.
The other method is the multiplier method. This assigns your suffering on a scale from 1.5 to 5 based on the severity of the damage. This number is then multiplied by the economic damages you have recovered, which will provide you with a total for your non-economic damages.
The “severity” score of your emotional damages will be determined based on a number of factors, including, but not limited to, the severity of your injuries, how your injuries impact your daily life, how long your suffering has lasted, and the impact it has on your relationships, will be considered by the court to determine the value of your suffering.
As you can see, fighting for emotional damages can be incredibly complex, which is why it’s in your best interest to work with an experienced attorney with the Law Office of Craig M. Rothenberg to discuss your circumstances. Our team can help you gather the evidence necessary to fight for the compensation you deserve for the suffering you’ve endured at the hands of a negligent party. Contact us today to learn more.