Cherry Hill Personal Injury Lawyer Answers: Does Bodily Injury Cover Pain and Suffering?
When someone suffers serious physical injuries, they often face not only heavy medical bills and missed days at work but also pain, trauma, and emotional distress. Do these incalculable but heavy damages factor into insurance claims?
For people asking, "Does bodily injury cover pain and suffering?" the brief answer is yes. However, calculating and negotiating the value of these losses is one of the more challenging steps in a claim. The Law Offices of Eric A. Shore, P.C. can tell you what you may expect in terms of pain and suffering when you prepare to claim damages.
What Does Pain and Suffering Mean in a Personal Injury Case?
When someone suffers an accident, they may sit down and calculate all their ongoing and prospective costs, like hospitalization, surgery, wages they lost and will likely lose, vehicle repair costs, etc.
However, what about the pain that keeps the survivor awake at night, distressing scarring, emotional trauma, or losing the ability to enjoy life? All of these fall under pain and suffering, a tricky but crucial factor in personal injury settlements.
It's possible to divide pain and suffering into two categories: physical and mental. Physical pain and suffering refer to the actual injuries and their effect on the survivor's life. Mental pain and suffering include distress, shock, trauma, and PTSD.
Calculating Pain and Suffering
The challenge of incorporating pain and suffering into settlements is that these losses don't have a price tag. How is it possible to evaluate insomnia or trauma that prevents the survivor from driving?
In calculating pain and suffering, personal injury lawyers in Cherry Hill, NJ, often use the multiplier method. It works by taking the victim's calculable damages and multiplying them by a number between 1.5 and 5, depending on the severity of the injuries.
For example, if all the tangible damages are $50,000 and the multiplier is 3, the total settlement would be $50,000 × 3 = $150,000. Deciding on the right multiplier is often the key to drafting an effective demand letter.
For more insights and answers to common questions, refer to our personal injury attorney FAQ.
Is There a Cap on Pain and Suffering Damages?
Personal injury claims are usually settled via negotiations between the accident survivor's lawyer and the insurance company. Only a small number of cases end up in court. When this happens, New Jersey doesn't set a cap on pain and suffering damages. The court will typically decide on an award that's reasonable based on past similar cases.
For questions beyond "Does bodily injury cover pain and suffering?" or if you need a personal injury lawyer in Cherry Hill, contact The Law Offices of Eric A. Shore, P.C. at 1-800-CANT-WORK.
