Personal Injury Articles for the Injured of NJ

How Does Pain and Suffering Factor in a Personal Injury Lawsuit?

Posted by Francis M. Smith on Wed, Oct 19, 2016

By Francis M. Smith

A personal injury claim is meant to restore you, as much as is possible, to the life you enjoyed prior to the actions of the negligent party that caused your injury. With some kinds of damages, this restoration is accomplished fairly simply: you seek to be compensated for the cost of your medical expenses, and the wages that your injuries prevented you from earning. But other kinds of harm are a little more tricky to assign a dollar value. At the same time, the pain and suffering that you experience in connection with your injuries are very real forms of damages for which you are entitled to compensation.

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Topics: Injuries, injury compensation, pain and suffering

Emotional Distress Damages in a Personal Injury Case

Posted by Francis M. Smith on Mon, Mar 21, 2016

By Francis M. Smith

Becoming the victim of an accident that causes you serious injury often does more damage than an x-ray can reveal; in many cases, harm is suffered by your emotions and psyche as well as by the bones and tissues of your body. Though many people remain skeptical of claims about psychological harm, emotional distress is a genuine type of injury and is just as deserving of compensation as the physical pain and suffering you experience as a result of your accident.

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Topics: Injuries, settlement compensation, pain and suffering, emotional distress

Compensation for Pain and Suffering: The Importance Of Receiving Appropriate Treatment

Posted by Francis M. Smith on Mon, Mar 07, 2016

By Francis M. Smith

The pain, disruption of lifestyle, constant discomfort and loss of enjoyment of life caused by injuries sustained due to another's negligence often constitute a substantial portion of the injury compensation the victim receives – sometimes far overshadowing any other compensation like lost wages or medical bills. But physical pain is hard to measure, and even harder to prove, despite the widespread use of the 0 to 10 scale you have probably heard about and is widely used to document doctor's records. As yet, medical science has not developed any test or scan that can empirically evaluate how much pain a patient is experiencing. Doctors and nurses depend on the patient reporting their level of pain, which can vary widely depending on tolerance. So how can your attorney convince an insurance company(who has a strong financial interest in getting you to accept as small a settlement as possible) that your pain, limitations and anguish are worthy of significant compensation?

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Topics: injury compensation, insurance company, pain and suffering

Tips for Getting the Best Injury Claim Settlement

Posted by Francis M. Smith on Fri, Feb 19, 2016

By Francis M. Smith

When you seek compensation for the injuries and losses you suffered due to an accident, you are entering into an extended negotiation process with the insurance company. Specifically, you'll find yourself bargaining with an insurance adjuster whose primary job description is to settle claims for as little cost to the insurance company as possible. When your health and financial well-being are on the line, you need every edge possible as you face a professional negotiator across the bargaining table. Here are a few important tips to help you ensure that the settlement you receive is fair.

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Topics: Injuries, Settlement Offer, injury compensation, insurance company, pain and suffering

Factors that Affect the Value of Your Personal Injury Settlement

Posted by Francis M. Smith on Fri, Jan 29, 2016

 By Francis M. Smith

When trying to determine how much compensation you should receive as a result of your personal injury claim at the outset of settlement negotiations, referring to the “formula” that insurance companies use to estimate damages, if they use such a formula, is only a starting point. There are many factors that can influence the value of your injury claim, either positively or negatively. Understanding how these elements can impact your case allows you to form a clearer and more accurate estimate of how much compensation you can expect, and may enable you to work with your personal injury attorney to strengthen and make clear the less obvious points of your claim.

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Topics: Injuries, Settlement Offer, injury compensation, negligence, pain and suffering

Factors Affecting Your Pain and Suffering Claim

Posted by Francis M. Smith on Mon, Jan 18, 2016

  By Francis M. Smith

When you seek compensation for an injury, most of the time the damages you're pursuing are not limited to the cost of doctor visits and hospital stays. You deserve to be compensated for the harm that the injury caused to your life and well-being, not just to your bank account. That's where pain and suffering damages come in. But unlike economic damages (medical bills, lost wages, and the like), there's no fixed monetary cost associated with being in pain, or losing the freedom to do what you could do prior to your injury. As such, the damages awarded by juries and the settlements negotiated with insurance adjusters for pain and suffering and loss of life style are necessarily subjective.

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Topics: Injuries, injury compensation, settlement compensation, pain and suffering

How Does The Insurance Company Determine Pain and Suffering Damages?

Posted by Francis M. Smith on Fri, Jan 15, 2016

  By Francis M. Smith

When you seek compensation for injuries resulting from an accident that someone else caused, you are asking to be reimbursed for the cost of your medical treatment and the lost earnings resulting from your injuries – but these tangible, economic losses are not the only way that you were harmed as a result of your accident. The experience of enduring the pain of your injuries didn't necessarily cost you any money, but it does constitute real harm for which you are entitled to compensation. Similarly, serious accidents and painful injuries often have ripple effects on a patient's emotional state, from anxiety and sleeplessness to depression and grief. All of these kinds of physical, emotional, and psychological harm generally fall under the category of “pain and suffering” damages.

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Topics: Injuries, injury compensation, settlement compensation, lost income, pain and suffering

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