In many personal injury lawsuits, non-economic damages include the plaintiff’s pain and suffering. These damages are often difficult to prove as they are very subjective, but proper documentation can make a huge difference.
Pain and suffering are not tangible things you can hold up in front of a jury, and documenting them may be hard. These damages arise from the injuries experienced by the plaintiff and may be financially compensated even though they often do not cost any money. Documenting them may be difficult, but not impossible. Medical records can shed light on the severity of your injuries and the pain you suffered. Records and testimony from a psychiatrist may help prove your mental anguish. Even with little documentation, we can rely on persuasive arguments to convince a jury to award you compensation for your pain and suffering.
If you were injured and wish to take legal action, our New Jersey personal injury lawyers can help you document your pain and suffering. For a free evaluation of your case, call Legal Care New Jersey at (732) 838-9769.
What Are Damages for Pain and Suffering in New Jersey?
Pain and suffering are broadly defined, non-economic damages that may encompass numerous experiences. In a personal injury case, you can claim damages related to the physical and emotional pain and suffering you experienced due to your injuries. Of course, these are very subjective experiences that vary from case to case. Since pain and suffering are so amorphous, it is important to document these experiences as best you can. Our Jersey City personal injury lawyers can help you get started.
To claim these damages, your pain and suffering must stem from the injuries at the center of your lawsuit. For example, if you are hurt in a car accident, your pain and suffering must flow from the injuries you sustained in the accident. Pain and suffering from injuries sustained in a separate incident cannot be claimed.
Although pain and suffering naturally flow from an accident and injuries, we may need some more concrete proof of these damages. Documentation of your pain and suffering may help us convince a jury that you deserve financial compensation. Ultimately, the jury decides whether you should be compensated for pain and suffering and how much these damages are worth.
Documenting Damages for Pain and Suffering in New Jersey
Documenting your pain and suffering might seem strange, as they are not solid things you can photograph or hold up in front of a jury. However, numerous aspects of these damages may be documented in various ways. Our Newark personal injury lawyers can help you document your pain and suffering for presentation to a jury.
Your medical records may serve as very compelling documentation of pain and suffering. Although medical records contain details about bodily injuries, pain and suffering may be heavily implied or even presumed. For example, if your medical records indicate you experienced very serious injuries, a jury might naturally presume you also suffered both physically and mentally.
If mental or emotional trauma is a significant part of your pain and suffering, you should consider speaking to a mental health professional like a psychiatrist. Records from a psychiatrist or therapist may shed light on how devastating your injuries have been on your mental health. In some cases, plaintiffs experience diagnosable psychological conditions like depression, anxiety, or PTSD.
If no documentation exists of your pain and suffering, we may rely on the people in your life close to you who can testify about how they have observed you in physical pain or emotional distress. Witness testimony can be very persuasive, and the more witnesses who support your claims for damages, the better for your case.
Proving Pain and Suffering in Court in New Jersey
Proving your pain and suffering in court requires we produce evidence of our claims and provide persuasive arguments and reasoning. Pain and suffering are very subjective experiences, and different plaintiffs may experience them differently. Our Paterson personal injury lawyers can help you prove the unique damages in your case so you can get the greatest compensation possible.
First, we must produce some sort of evidence or documentation of your pain and suffering. This is why documenting your pain and suffering is so important. Even unofficial forms of documentation, like keeping a journal or taking a stand to describe your pain and suffering yourself may be helpful.
We must also use effective reasoning and arguments to persuade the jury that your pain and suffering were severe and warrants compensation. Providing documentation of your damages is one thing, but effectively explaining why your damages deserve compensation helps solidify your claims.
What If I Cannot Document My Pain and Suffering in New Jersey?
Just because you cannot provide documentation of your pain and suffering does not mean you did not experience these things. Even without proper documentation, pain and suffering might be self-evident in some cases. Sometimes, persuasive arguments make more of an impact than formal documentation. Our Lakewood personal injury attorneys are here to help you get compensation for your damages.
Serious injuries often come with an unofficial presumption of pain and suffering. For example, you might have suffered bodily injuries so severe that the jury can infer physical pain and mental suffering. We do not need to present hard evidence of your pain and suffering because the jury can use common sense to determine that you suffered greatly.
If documentation was not possible or far too difficult to accomplish, we can explain why to the jury in the hopes that they will exercise understanding and compassion. For example, many plaintiffs cannot present medical records or records from a psychiatrist because they could not afford that level of care after being injured. In that case, we can support your claims with your own testimony and from witnesses who observed your pain and suffering firsthand.
Call Our New Jersey Personal Injury Attorneys for a Free Case Evaluation
Pain and suffering are significant parts of many personal injury lawsuits. Our Elizabeth personal injury attorneys can help you document these damages to present in court. For a free case review, call Legal Care New Jersey at (732) 838-9769.