After a car accident, physical injuries are often just the beginning of the harm a person endures. The emotional toll, disrupted routines, sleepless nights, and lasting physical discomfort can affect every part of daily life — yet none of those losses show up on a medical bill. Pain and suffering damages exist to account for this broader scope of loss.
What Is Pain and Suffering in a Car Accident Claim?
“Pain and suffering” refers to the physical discomfort and emotional distress a person experiences as a result of injuries sustained in a car accident. Unlike medical bills or lost wages, these damages are considered “non-economic” because they do not have a fixed dollar value. New Jersey law allows injured parties to seek compensation for both physical pain and psychological harm, which may include anxiety, depression, and loss of enjoyment of life.
Does New Jersey’s No-Fault Insurance Law Affect Pain and Suffering Claims?
New Jersey follows a “no-fault” insurance system, which means that after an accident, drivers first turn to their own Personal Injury Protection (PIP) coverage for medical expenses and lost wages. However, stepping outside the no-fault system to file a pain and suffering claim against an at-fault driver is only permitted when injuries meet a certain legal threshold. That threshold depends on whether the injured person chose a “limited tort” or “unlimited tort” option on their policy.
What Is the Verbal Threshold in New Jersey and How Does It Apply?
The “verbal threshold,” also called the limited tort option, restricts a policyholder’s right to sue for pain and suffering unless the injury falls into one of six specific categories defined under N.J.S.A. 39:6A-8. Those categories are death, dismemberment, significant disfigurement or significant scarring, displaced fractures, loss of a fetus, and permanent injury. Although the limited tort option lowers insurance premiums, it also limits legal options after a serious crash, which is why the distinction matters significantly in a claim.
What Are the Two Main Methods Used to Calculate Pain and Suffering?
Two widely used methods help place a dollar value on pain and suffering damages. The “multiplier” method multiplies total economic damages — such as medical bills and lost wages — by a number typically ranging from 1.5 to 5, depending on injury severity. The “per diem” method assigns a daily dollar amount to the injured person’s suffering, which is then multiplied by the number of days the person is expected to experience that pain.
What Factors Influence the Value of a Pain and Suffering Award?
The severity and permanence of the injury carry the most weight, while factors like age, pre-existing conditions, and the impact on daily activities also play a role. Strong medical documentation and consistent treatment records generally support a higher valuation of these damages.
What Evidence Helps Support a Pain and Suffering Claim in NJ?
Medical records are among the most important forms of evidence in a pain and suffering claim, as they provide a documented link between the accident and the injuries sustained. Journal entries that describe daily pain levels, mental health treatment records, and statements from family members, friends, and colleagues who witnessed how the injury changed the person’s life can all strengthen a claim. Photographs of injuries and testimony from treating physicians also carry significant weight.
Do Not Let an Insurer Decide What Your Pain and Suffering Is Worth. Talk to Our Seasoned South Jersey Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC
To learn if you might be entitled to compensation for pain and suffering after a crash, contact our South Jersey car accident lawyers at Kitrick, McWeeney & Wells, LLC. For a free consultation, call today at 732-920-8383 or contact us online. With office locations in Manasquan and Brick, New Jersey, we proudly serve clients throughout the state.