In New Jersey, when you have been injured because of the carelessness or negligence of another person, you have the right to pursue damages for all your losses, including lost wages and income, unreimbursed medical expenses, loss of enjoyment of life, loss of consortium and companionship, and pain and suffering. In an earlier blog, we looked at the different types of pain and suffering, as well as how juries calculate damages for pain and suffering. Often, the determination of the damage award gives great discretion to the jury, relying on the jurors’ exercise of common sense. Here are some of the factors the juries can and do take into consideration when assessing a damage claim for pain and suffering:
- Is the injured party a favorable witness? The jury may base this on your testimony, but may also consider your physical appearance and demeanor during testimony. Were you cooperative or belligerent? Did you make confusing, vague or contradictory statements? Do you come off as a credible person? It’s important to understand that any contradictory statements you make don’t have to relate to the actual pain and suffering you are experiencing. If the defense attorney can impeach your credibility in any way, you may find it difficult to get damages for pain and suffering.
- Do your assertions of pain and suffering make sense to the jurors
- Does the medical testimony corroborate your claims?
- Do you have a prior criminal record?—Clearly, this has nothing to do with your personal injury claim, but a jury may perceive that it speaks to your credibility, depending on the type of crime committed.
Contact Our Office
At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury, including physical injuries in a work-related accident. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.