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Pain and Suffering and Your Product Liability Claim


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6/7/2010
Daniel J. O'Brien
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One of the most commonly used phrases during the course of a personal injury case is "pain and suffering." Pain and suffering is often an important factor in determining the dollar amount of a product liability settlement. If you were injured because of a defective product and your injuries have had a lasting impact on your life, your New Jersey product liability lawyer will likely aim to include pain and suffering among the damages you seek in a claim.

Pain and suffering is somewhat of a fluid legal concept. There are no universal charts or standards by which a judge can determine the dollar amount that a victim should be awarded for his or her pain and suffering in a product liability claim. The amount can vary significantly from state to state and case by case. Even if two people have suffered similar injuries after using a defective product, they may get vastly different settlements for their pain and suffering.

Factors that may be considered when determining the pain and suffering damages include

  • Your tolerance for pain;
  • Your actions after suffering the injury and whether they are consistent with someone who was in significant and constant pain;
  • Your line of work and how your suffering has impacted your ability to remain employed;
  • Your previous health and any pre-existing injuries;
  • How your injuries have impacted your day-to-day life;
  • Witness testimony that supports your claims; and
  • Your New Jersey product liability lawyer's ability to convince the judge and/or jury that your life has been significantly and permanently impacted by your injuries.


Pain and suffering is just one of the factors in determining the value of your product liability claim. To learn more about the types of compensation in a product liability lawsuit visit our article library.

A New Jersey product liability lawyer with experience in defective product claims can work with you to determine issues of negligence and liability in your defective product case. The lawyers at White & Williams LLP will investigate your product liability claim so that you can focus on healing from your injuries and moving on with your life. Contact us today - 1-877-944-8396.



Category: Dangerous Products Cases


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