Pain and Suffering Settlement Examples

If you’ve been injured in an accident, you probably know all too well that the physical harm you suffered is just the tip of the iceberg. Personal injury and wrongful death accidents often have a ripple effect on the lives of victims and their loved ones. Between the physical pain, financial strain and emotional turmoil, even seemingly minor accidents can take a major toll on injured parties from all walks of life.

When another person’s negligence or recklessness causes serious harm to another individual, the negligent party may be found legally responsible for both the physical and emotional suffering of their victim. In personal injury cases, the notion of “pain and suffering” plays a crucial role in claims for non-economic damages and can significantly impact a plaintiff’s final settlement amount in the event of a personal injury claim. Let’s discuss the role a victim’s pain and suffering plays in calculations of damages and walk through a few representative examples of cases involving awards for pain and suffering.

What constitutes pain and suffering in a personal injury case?

While most of us think about personal injury claims as involving physical harm to a victim, the emotional pain and suffering associated with an accident can often be just as disruptive to a plaintiff’s life as their physical injuries. While economic damages are typically sought in personal injury cases to help victims cover expenses related to their medical care and recovery, non-economic damages can also be pursued to compensate victims for the emotional toll of their accident.

In a legal context, the term “pain and suffering” typically refers to both the physical pain and emotional distress caused by an accident. While these non-economic damages can be more subjective and harder to assess than, say, medical bills or lost wages, they are just as deserving of recognition and remedy.

Physical pain vs. emotional distress: What’s the difference?

Since damages related to pain and suffering are intended to address both the physical and emotional discomfort associated with an accident, it’s important for plaintiffs in personal injury and wrongful death cases to understand what experiences fall under the umbrella of pain and suffering. Here are a few examples of both physical suffering and emotional distress:

Physical suffering examples

Physical side effects of an injury that may make a victim eligible for compensation include:

• Chronic pain
• Nerve damage
• Broken bones
• Permanent disability
• Scarring
• Disfigurement

Physical pain can be life-changing and negatively impact an accident victim’s ability to return to their normal routine after an accident. While no amount of money can truly make up for these struggles, financial compensation can alleviate strain in other parts of a victim’s life to make recovery a little bit easier.

Emotional distress examples

Some commonly-cited emotional symptoms reported in personal injury cases include:

• Anxiety
• Depression
• PTSD
• Grief
• Trouble sleeping
• Loss of enjoyment of life
• Long-term trauma

Emotional pain can extend into every facet of a survivor’s life and have a resounding impact on their family, friends and co-workers. Damages related to emotional distress can help victims access the mental health support they need to heal and offset some of the emotional strain placed on them by their accident.

Examples of pain and suffering settlements

While every case is different, it can be helpful to see some examples in order to better understand the role pain and suffering plays in personal injury cases. Here are a couple of pain and suffering examples that reflect what might be awarded in New Jersey personal injury and wrongful death cases:

• A young boy from Woodbury Heights who lost most of his left hand in a fireworks explosion received a $1.6 million jury verdict in Gloucester County which included $927,410 for pain and suffering.
• A widow whose husband was killed in a crash caused by a driver who failed to stop at a flashing red light was awarded $1,950,000 in a bench trial, $175,000 of which was for the pain and suffering her husband endured before his death.

In these examples personal injury and wrongful death lawyers at Ferrara & Gable were able to help their clients secure the financial awards they needed to help fast-track their recovery efforts.

How is pain and suffering calculated?

Unlike medical expenses or lost wages, there are no receipts or invoices available to help calculate the emotional cost of an accident. Assigning a dollar amount to a human’s pain and suffering is often extremely subjective, and there is not one go-to formula for making these calculations. To help shore up the process, juries and insurance adjusters in New Jersey may use one of the following methods to determine what amount of compensation is most fair for cases involving pain and suffering:

• The multiplier method: This method involves multiplying the total economic damages assessed in a case by a specific number (typically between 1.5 and 5) that corresponds to the degree of pain and suffering associated with the case.
• The per diem method: In these calculations, a fixed daily rate is assigned to the victim’s suffering and multiplied by the number of days they are expected to endure pain and emotional distress.
• Narrative-based evidence: Rather than relying on a mathematical formula, narrative-based determinations use detailed personal accounts, journal entries, therapy records and expert testimony to evaluate the full extent of a victim’s emotional and physical suffering and assign a commensurate amount of damages.

Remember: New Jersey does not impose a cap on pain and suffering damages in most personal injury cases, which means judges and juries have plenty of flexibility to award compensation based on the specific facts of a case. If a settlement involves a minor or incapacitated party, a judge may review and require changes to ensure the award is in that party’s best interest. Otherwise, judges typically do not alter settlements reached by competent adult parties.

How to strengthen your personal injury claim

While there are many variables involved in determining the outcome of a personal injury or wrongful death claim, there are a few key things plaintiffs and their families can do to build a compelling case for compensation. Since non-economic damages tend to be more subjective, accurate and detailed documentation often plays a vital role in helping victims convey the full extent of their pain and suffering. If you are seeking compensation for physical and emotional pain you have endured due to another person’s negligence, you may want to consider:

• Keeping a daily pain journal
• Seeing a licensed mental health professional
• Seeking and following through with necessary medical treatment
• Gathering statements from friends and family who can speak to how your accident has impacted your behavior or quality of life
• Contacting an experienced personal injury attorney

All of these tasks can help build a clear, compelling picture of the harm you have suffered and play a vital role in communicating your experiences to the court. With the right combination of documentation and effective legal support, you can craft a case that centers your humanity and appeals to the ethos of judges, juries and insurance adjusters.

If you have suffered physical and/or emotional harm as the result of another party’s negligence, you do not have to continue to struggle on your own. At Ferrara & Gable, LLC, we specialize in delivering comprehensive, compassionate legal services to accident victims in Cherry Hill and the surrounding areas. With over 50 years of experience helping injured parties recover the compensation they need to ensure their post-accident needs are met, we know exactly what it takes to help clients fight for their rights without compromising their humanity.

Give us a call today, or fill out our contact form to schedule a free consultation with a member of our team. We are standing by to learn more about you, your story and your goals for the future. We help people, and we want to help you, too.