New Jersey is the most densely populated state in the country. It is also the commuting grounds for individuals who live and work in New York and Pennsylvania. Combine the high amounts of traffic with the cold winter weather and you have a recipe for disaster. For this reason, you must exercise caution when on the roads. It is also important that you understand your rights when it comes to compensation following a car accident.
New Jersey, as does every other state in the nation, allows victims of car accidents to recover damages for pain and suffering. However, some states limit how much a person may collect in non-economic damages. FindLaw defines pain and suffering damages and explains the caps on non-economic awards.
“Pain and suffering” refers to the amount of physical pain and emotional duress you endure following an accident. Emotional anguish may include anxiety, depression, sleep loss and other mental symptoms that are the result of either the crash itself or injuries sustained in a collision. Though deciding parties have difficulty calculating these damages, they will often consider several factors to determine an appropriate dollar value:
- The extent to which an injury impacts your ability to work or sustain meaningful relationships
- The degree to which your injuries alter your daily routine
- How your emotional anguish and/or physical pain change your lifestyle
- Whether your injuries are long-lasting or permanent
It is not uncommon for jurors to let their emotions sway their decisions. As a result, many accident victims throughout the nation have received far higher awards than their injuries warrant. This has caused many states to place caps on awards for non-economic damages. New Jersey is not one of those states. The only damages the state does limit is punitive damages..
You should not use this article as legal advice. It is for educational purposes only.