Chronic pain can be a devastating consequence of personal injury accidents, significantly impacting a person’s quality of life and ability to work. In New Jersey, victims of accidents resulting in chronic pain may be entitled to compensation through personal injury claims. However, determining the payout for chronic pain in NJ personal injury cases can be complex, as each case is unique and depends on various factors.
What Is Chronic Pain in Personal Injury Accidents?
Chronic pain in personal injury cases is typically defined as persistent pain that lasts for more than 12 weeks despite medical treatment. This type of pain can result from various injuries such as those sustained in car accidents, slip and falls, workplace incidents, or medical malpractice.
Regardless of cause, chronic pain can manifest in various ways, including constant pain, intermittent aches, or pain that worsens with certain activities. The key factor is its persistence over an extended period, which distinguishes it from acute pain that typically resolves as an injury heals.
In legal terms, chronic pain is often considered a long-term or permanent injury, which can significantly impact the compensation awarded in a personal injury case. An accident victim suffering long-term pain may receive greater compensation than someone with temporary pains.
In personal injury cases, proving chronic pain often requires extensive medical documentation, expert testimony, and evidence of how the pain has impacted the victim’s daily life and ability to work. This can include medical records, diagnostic test results, pain management treatment plans, and testimony from pain specialists or neurologists.
Types of Damages Available for Chronic Pain Sufferers
In New Jersey, chronic pain sufferers may be eligible for various types of damages:
Economic Damages
These are quantifiable losses, including:
- Medical expenses (past and future)
- Lost wages
- Loss of earning capacity
- Rehabilitation costs
- Medication expenses.
Non-Economic Damages
These are more subjective and harder to quantify:
- Pain and suffering
- Emotional or psychological distress
- Diminished enjoyment of life
- Loss of consortium (marital companionship).
Chronic Pain Settlements Payouts
Every case is unique, but looking at recent settlements and verdicts can provide insight into potential payouts.
For example, a $2 million settlement was reached for a 50-year-old lady from New Jersey and her spouse. The woman suffered from Chronic Regional Pain Syndrome (CRPS), which was brought on by an incorrectly applied surgical bandage on her calf after she had ankle surgery. Meanwhile, a man who was rear-ended by a semi-truck and sustained severe injuries to his neck and back was awarded $3.7 million. He was in chronic discomfort from his injuries.
Note that these are only examples and that case outcomes vary widely. To get a more accurate assessment of what your case could be worth, consult for free with us at the Grossman Law Firm.
Factors Affecting Chronic Pain Payouts in New Jersey
Several factors influence the payout for chronic pain in NJ personal injury cases:
- Severity of the pain
- Impact on daily life and work
- Duration of the pain
- Medical evidence and expert testimony
- Age and life expectancy of the victim
- Pre-existing conditions
- Liability and negligence of the responsible party.
Calculating Chronic Pain Payouts in New Jersey
There’s no set formula for calculating chronic pain payouts in NJ personal injury cases. However, insurance companies and courts often use two main methods:
The Multiplier Method
This method involves choosing a factor between 1.5 and 5 based on the severity of the pain and its impact on the victim’s life. It is then multiplied by the amount of economic damages.
The Per-Diem Method
This calculation assigns a daily dollar rate to the pain and multiplies it by the projected number of days the victim is expected to experience the pain.
Challenges in Proving Chronic Pain
Chronic pain cases can be challenging to prove due to their subjective nature. Insurance companies often dispute these claims, arguing that the pain is exaggerated or unrelated to the accident. This is where experienced personal injury attorneys, like those at Grossman Law Firm, play a crucial role in building a strong case.
Navigating a chronic pain personal injury case in New Jersey requires skilled legal representation. The Grossman Law Firm has extensive experience in handling complex chronic pain cases, ensuring that victims receive fair compensation for their suffering.
Comparative Negligence in New Jersey and Chronic Pain Injuries
New Jersey follows a “modified comparative negligence” rule. In this system, an injured individual may still claim compensation even if they were partially responsible for their accident. Their compensation will only be reduced by their percentage of fault. However, the victim will not be entitled to damages if it is determined that they were more than 50% to blame. The logic behind this rule is that the claimant should not be responsible for the majority of their accident.
Caps on Pain and Suffering Damages in New Jersey
New Jersey generally does not impose a statutory cap (limit) on pain and suffering damages in personal injury cases. This means there is no predetermined limit on the amount of compensation a victim can receive for non-economic damages like pain and suffering, which includes chronic pain.
However, while there is no cap, the compensation awarded must still be reasonable and proportionate to the injury sustained. Judges and juries are expected to use their discretion to determine appropriate compensation based on the specific circumstances of each case.
There are a few exceptions to this rule:
- Medical malpractice cases: There is no particular ceiling on pain and suffering damages in NJ medical malpractice cases. However, there’s a limit on medical malpractice punitive damages, which are penalties to punish the wrongdoer. New Jersey law sets the maximum limit at $350,000 or five times the amount of compensatory damages.
- Claims against public entities: Under the New Jersey Tort Claims Act, victims generally cannot claim for pain and suffering if their claim is against a public office or employee. They may only be eligible for pain and suffering damages if their injury meets a threshold (for instance, a permanent loss of body part, or a total medical expenditure over $3,600.
The absence of a cap on pain and suffering damages in most cases allows for potentially higher payouts in chronic pain cases. However, it also means that these cases can be more complex and contentious, as there’s no predetermined limit to guide negotiations or judgments.
Negotiating Chronic Injury Settlements with Insurance Companies
Insurance companies often try to minimize payouts in chronic pain cases. They may argue that the pain is not as severe as claimed or is unrelated to the accident. Insurance companies in New Jersey typically evaluate chronic pain claims through a detailed and often skeptical process:
- Medical record review: They thoroughly examine all medical records, looking for inconsistency in reported symptoms, treatments, and diagnoses.
- Independent Medical Examinations (IMEs): Insurers may request that the claimant undergo an examination by a doctor of their choosing to verify the extent of the pain and its impact.
- Pre-existing conditions: Any history of prior pain or related conditions is scrutinized to determine if the current pain is truly accident-related.
- Pain scale analysis: They consider the reported intensity of pain using standardized pain scales.
- Treatment adherence: They assess whether the claimant has consistently followed the prescribed treatments and therapies.
- Surveillance: In some cases, insurance companies may conduct surveillance to observe the claimant’s daily activities and compare them with reported limitations.
- Employment impact: They evaluate how the pain has affected the claimant’s ability to work and earn income.
- Lifestyle changes: They consider how the pain has altered the claimant’s daily life, hobbies, and relationships.
- Psychological factors: The emotional and mental impact of chronic pain is assessed, often through psychological evaluations.
- Future prognosis: They consider medical opinions on the expected duration and progression of the pain.
Insurance companies often use software programs that input various factors to calculate a suggested settlement range. However, these calculations can undervalue chronic pain claims, as they may not fully account for the subjective nature of pain and its long-term impact. This is why having experienced legal representation is crucial in chronic pain cases to ensure fair evaluation and compensation.
The Litigation Process for Chronic Pain Cases in New Jersey
If a fair settlement cannot be reached through negotiations, the case may go to trial. The litigation process typically involves:
- Filing a complaint
- Discovery phase
- Mediation or arbitration attempts
- Trial preparation
- The trial itself
- Potential appeals.
The Role of Medical Evidence in Chronic Pain Cases
Proving chronic pain in a personal injury case requires a comprehensive approach using various types of evidence. The most effective types of evidence include:
- Medical records: Detailed documentation from treating physicians, specialists, and hospitals is crucial. This includes diagnoses, treatment plans, and progress notes.
- Diagnostic test results: In many cases, the causes of pain may show up in tests like MRIs, CT scans, X-rays, or nerve conduction studies.
- Expert medical testimony: Statements from pain specialists, neurologists, or other relevant medical experts can provide professional opinions on the nature, extent, and prognosis of the chronic pain.
- Pain management records: Gather documentation of ongoing pain management treatments, including medications, injections, or physical therapy, as they demonstrate the persistence of pain.
- Psychological evaluations: Reports from psychologists or psychiatrists can illustrate the mental and emotional impact of chronic pain.
- Pain diaries: It’s helpful to keep detailed logs or journals documenting pain levels, activities affected, and medication usage. These provide a day-to-day account of the pain’s impact.
- Witness testimonies: These may include statements from family members, friends, or coworkers about observed changes in the victim’s behavior, capabilities, or quality of life.
- Employment records: To demonstrate the impact of pain on earning capacity, it helps to have documentation of reduced work hours, changed job responsibilities, or loss of employment.
- Before and after evidence: Comparisons of the victim’s life before and after the injury, including photos or videos, can illustrate the pain’s effect on daily activities.
- Functional Capacity Evaluations: These assessments measure the victim’s ability to perform various physical tasks and can objectively show limitations caused by chronic pain.
- Life care plans: Expert-created plans detailing future medical needs and associated costs can show the long-term impact of chronic pain.
- Video testimony: In some cases, video depositions of the victim describing their pain and its effects can be compelling evidence.
The key to effectively proving chronic pain is presenting a consistent and comprehensive picture of how the pain impacts all aspects of the victim’s life. A multifaceted collection of evidence makes the claim more credible and potentially increases the payout.
The Role of Expert Witnesses in Chronic Pain Cases
Expert witnesses play a crucial role in chronic pain cases. These professionals may include:
- Medical experts to testify about the nature and extent of the pain
- Vocational experts to discuss the impact on work ability
- Life care planners to estimate future medical needs and costs
- Economic experts to calculate long-term financial losses.
Long-Term Considerations in Chronic Pain Case Settlements
When considering a settlement for chronic pain, it’s important to factor in potential long-term implications:
- Future medical expenses
- Ongoing pain management needs
- Potential for the condition to worsen over time
- Impact on future earning capacity.
How Grossman Law Firm Can Help Maximize Your Settlement
At the Grossman Law Firm, we understand the devastating impact chronic pain can have on a person’s life. Our experienced attorneys are committed to helping chronic pain sufferers in New Jersey receive the compensation they deserve. We offer:
- Free initial consultations
- Thorough case evaluations
- Access to top medical and economic experts
- Skilled negotiation with insurance companies
- Comprehensive trial preparation and representation.
If you’re suffering from chronic pain due to someone else’s negligence, don’t hesitate to contact Grossman Law Firm at (732) 625-9494 for experienced legal assistance.
