A serious car accident often leads to more than short-lived pain and medical expenses. A severe crash can turn your life upside down, leaving you mentally and emotionally exhausted. In such cases, compensation for pain and suffering can help you make your life whole again.

No one leaves home in the morning expecting to be involved in a traumatic car accident. In the aftermath of a bad crash, you may find yourself physically hurt, emotionally shaken, and financially stressed. Sadly, such incidents are all too common, with over 2 million people seeking emergency medical treatment for car accident injuries annually in the United States.

If you were hurt or suffered other losses in a car accident in New Jersey, you may be entitled to financial compensation for your pain and suffering. Car accidents are upsetting in more ways than one – understandably, you may be worrying about what it will take to pursue restitution while also making a full recovery. An empathetic and knowledgeable car accident lawyer is the advocate you need at this trying time.

Our team of personal injury attorneys at Judd Shaw Injury Law is adept at helping car accident victims attain the compensation they deserve for all they have suffered. We understand that your damages go beyond your medical bills. When we take your case, we will do everything we can to help you get your life back on track after the accident.

Please don’t wait to get the help you need. Contact Judd Shaw Injury Law at 732-888-8888 or complete our online form to schedule a free case review with us. 

What Are Pain and Suffering Damages in a Car Accident Claim?

Pain and suffering damages are the non-economic losses you suffered as a result of the car accident. They may encompass anything from physical suffering to emotional anguish.

Damages that fall into the category of pain and suffering may include the following:

  • Physical pain and bodily injury: Compensation may be sought for your immediate physical pain after the accident, and any long-term or chronic pain stemming from your injuries.
  • Emotional pain and mental health issues: Serious car accidents may lead to anxiety, depression, loss of sleep, and post-traumatic stress disorder, among other things. The trauma of the accident and medical treatment, or the impact of physical limitations or disfigurement, can cause significant emotional turmoil.
  • Reduced quality of life: Compensation may be available if you can no longer enjoy the everyday activities you once did as a result of your injuries. This may include hobbies, exercise, impaired relationships, and social interactions.

Unlike medical bills and lost wages, these kinds of non-economic damages can be difficult to quantify. An experienced car accident lawyer can help you evaluate the full extent of your losses and the long-term impact they will have on your life. This can ensure that you pursue enough compensation to meet both your current and future financial needs.

New Jersey State Threshold for Pain and Suffering Claims

New Jersey law sets specific thresholds that must be met for an injury victim to pursue pain and suffering damages after a car accident. This is due to the state’s no-fault insurance system. Depending on the kind of personal injury protection insurance you carry and the circumstances of your car accident, you may have limited recourse in holding the at-fault driver accountable for your pain and suffering damages.

Regardless of the insurance coverage you have, the law allows you to sue for non-economic damages if you have sustained certain severe injuries.

The threshold to file a claim for pain and suffering includes the following injuries:

  • Loss of a limb
  • Broken or fractured bones
  • Significant disfigurement or scarring
  • Permanent injury
  • Loss of a fetus
  • Death

The New Jersey insurance laws and established thresholds can be confusing. A knowledgeable car accident lawyer can explain your legal rights and help you navigate the injury claim system.

Proving Pain and Suffering Damages in a Car Accident Case

If you have suffered a terrible injury, you may feel like the car accident has forever altered your life. Unfortunately, winning compensation may be more difficult than you expect. A well-practiced car accident attorney can use his or her legal know-how and resources to prove the legitimacy of your pain and suffering claim.

Evidence that can demonstrate your pain and suffering after a car accident includes:

  • Medical records: Detailed medical records that document your injuries, treatment, and prognosis are important in establishing the physical aspects of pain and suffering. These include doctor’s appointments, physical therapy, mental health appointments, prescriptions, surgeries, and other treatments.
  • Police and accident reports: Official police or injury reports may help determine the circumstances of your car accident and substantiate your pain and suffering claim.
  • Photo and video documentation: Take pictures and videos of your injuries. Documenting the injuries’ negative effects on your life may go a long way toward proving the long-term impact of the car accident.
  • Statements from your loved ones: Family members and friends may attest to how your injuries have impacted you physically, mentally, and emotionally.
  • Medical expert testimony: Medical experts, such as mental health professionals, can uphold claims of ongoing pain or mental distress.
  • Evidence of reduced enjoyment of life: If you can no longer participate in activities you enjoyed before the car accident, or can no longer engage in normal daily life, this evidence could help prove your pain and suffering.
  • Personal documentation of what you have suffered: Keeping a journal documenting your daily pain levels, emotional state, and how the injury impacts your life can help you articulate your pain and suffering, thus reinforcing your claim.

Pain and suffering claims in car accident cases can be less than straightforward. However, diligent documentation of the trauma you have endured and how the incident has influenced your physical and emotional well-being is invaluable. Such evidence will help you and your attorney lay a strong foundation for a successful case.

Reach Out to Our Experienced Car Accident Attorneys for Help

After a serious car accident, you may be reeling physically and emotionally for years to come.

When an accident takes such a heavy toll on your life, you deserve to be compensated for all you have suffered. Yet, understanding what is needed to successfully pursue restitution can be a confusing and difficult task.

The car accident lawyers at Judd Shaw Injury Law are here to answer your questions and support you throughout the entire legal process. We understand that the stakes are high, and compensation for pain and suffering is often key to regaining your quality of life after a car accident. Our goal is to attain rightful restitution for the physical, financial, and emotional damages of each client.

If you or a loved one is facing pain and suffering damages after a car accident, please reach out to us as soon as possible. Our legal team is guided by a set of core values, making us proud to fight for the rights of accident and injury victims throughout New Jersey. We are pleased to uphold the Judd Shaw Way – a 5-point promise that helps ensure every client receives the highest level of service available.

Contact Judd Shaw Injury Law today at 732-888-8888 or complete our simple online contact form to schedule your risk-free case evaluation. Our representatives are standing by to hear your story.

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Content edited by personal injury attorney Judd Shaw. From the beginning, Judd established a set of Core Values laying out the pursuit for excellence in client service. He is a regular host of the Working The Wow podcast, with the belief that providing an exceptional client experience is just as important as delivering a quality service or product. You can find us in Red Bank and Tom‘s River, New Jersey.