In personal injury liability claims, the victim can receive restitution for the pain and suffering endured after the accident. You may be wondering what could qualify for damages in the courtroom. To learn more about how personal injury damages are handled in court, read on or reach out to a highly experienced Clinton, New Jersey Personal Injury Lawyer today!
WHAT IS CONSIDERED “PAIN AND SUFFERING”?
Both physical ailments and mental anguish faced after a traumatic injury can last days, weeks, months, years, or a lifetime. Because of this, negligent people found liable in court may be required to compensate for the victim’s medical bills and mental anguish in the settlement.
Physical conditions after an accident that may qualify as pain and suffering include:
- Back and neck pain
- Internal organ damage
- Brain injury
- Headaches or migraines
- Nerve damage
- Broken or fractured bones
- Dislocated joints
- Pulled or sprained muscles
Mental conditions after an accident that are considered emotional pain and suffering include:
- Psychological trauma or post-traumatic stress disorder (PTSD)
- Cognitive changes after a brain injury
- Overall diminished quality of life
There are many other conditions that could qualify for damages in court; it all depends on the circumstances of the accident.
WHAT IS LOSS OF CONSORTIUM?
In a case of wrongful death, family members and other loved ones of the victim can receive compensation for loss of consortium. This is a legal term for the loss and mental anguish experienced after a preventable death. Examples of loss of consortium include the loss of care, companionship, parental guidance, household services, and spousal intimacy. Family members of the victim can receive special awards for the loss of their loved one in order to hold the negligent person accountable for their actions. The victim’s family can also receive compensation for the victim’s medical bills and lost wages.
HOW IS “PAIN AND SUFFERING” CALCULATED?
There are two main ways of calculating pain and suffering damages in court. The first is called the multiplier method, which first totals all damages like medical expenses and lost wages. Then, this total is multiplied by a number based on the severity of the victim’s injuries. In most cases, the multiplier number is between one and five.
The second calculation approach is called the per diem method, which is based on the length of the victim’s recovery. In this assignment, the liable person is required to pay the victim a certain amount of money each day until the victim is fully recovered. For permanent injuries, the payments stop when the victim reaches maximum medical recovery, meaning their condition cannot improve any further.
If you’ve been involved in a personal injury accident or wrongful death claim, you’ll want an experienced personal injury attorney on your side. Contact the Law Office of Craig M. Rothenberg for quality legal counseling with a trusted attorney.