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How is “Pain and Suffering” Defined in a Personal Injury Case?

On Behalf of | Dec 7, 2018 | Personal Injury |

In many personal injury cases, the victim experiences emotional pain and suffering in addition to the physical pain endured during an accident. How is pain and suffering defined? How do we put a price tag on the monetary amount a victim should receive for their suffering? Personal injury law protects those that have been injured due to another person’s negligence, including providing compensation for their pain and suffering.

What is physical pain and suffering?

Rather straightforward by definition, physical pain and suffering is the physical pain and suffering an individual experiences as a result of physical injury. This is not only the pain and suffering that has already been endured or continues, it also includes any future detrimental effects that the injured person is likely to endure as a result of the injury sustained.

What is mental pain and suffering?

Those who have sustained a physical injury frequently experience mental anguish and suffering that is a result of the trauma and physical pain endured in the accident. Mental pain and suffering is a rather broad term that encompasses a whole host of negative emotions including:

  • anger
  • fear
  • anxiety
  • depression
  • humiliation
  • emotional distress
  • mood swings
  • loss of enjoyment of life
  • reduced appetite
  • lack of energy
  • post-traumatic stress disorder (PTSD)

Mental pain and suffering is not limited to that which has been sustained by the victim up until this point; it also includes the mental pain and suffering that they are likely to endure in the future as a result of the physical injury and accident.

Compensation for mental pain and suffering

Compensation for mental pain and suffering varies significantly depending upon the circumstances of each personal injury case. Many different types of injury may be sustained and, as a result, each case is evaluated based on its unique circumstances, considering a range of affects the accident may have caused on the victim.  This may include psychiatric treatment for depression, counseling for anxiety, compensation for lost wages due to an inability to return to work, and any other mental pain and suffering that is an outgrowth of the accident.

Have you suffered a personal injury? Let us help

Anyone who has suffered physical injury in an accident knows the mental pain and suffering experienced as a result of the accident can endure for some time. Losing one’s livelihood or enjoyment of life, suffering anxiety and depression – these may all be a consequence of your accident.  We understand how difficult this can be. The New Jersey personal injury attorneys at Lomurro Law are compassionate and knowledgeable, with a combined 130 years of experience representing New Jersey families who have been injured due to another person’s negligence.  With a track record of success, our skilled team advocates on your behalf, fighting for just compensation for your pain and suffering. To arrange for a confidential consultation to discuss your case, contact our office at 732-482-9285 or online. Lomurro Law has convenient office locations in Freehold and East Brunswick.