Severity and the Pain & Suffering Multiplier

By the FigureMyTax Editorial Team · How we calculate

In New Jersey the multiplier has no ceiling. The first question is whether your injury clears a threshold.

What moves the multiplier

• Permanence. A fully healed fracture supports a lower multiplier than a lasting impairment.
• Future treatment. Ongoing therapy, surgery or medication pushes toward the high end.
• Disfigurement. Permanent visible changes tend to be valued more heavily.
• Daily life. Documented loss of work, activity or family care strengthens the case.
• Documentation. Records, a pain journal and photos make a higher multiplier easier to justify.

The threshold comes first

For a driver under the Limitation on Lawsuit option, severity in the legal sense decides whether pain and suffering is recoverable. An injury must be one of the six categories in N.J.S.A. 39:6A-8, and the permanent injury category is where most disputes arise. A displaced fracture or significant scarring qualifies on its own.

Permanence is proven with objective evidence

A permanent injury means a body part or organ has not healed to function normally and will not heal to function normally with further medical treatment, within a reasonable degree of medical probability. The New Jersey Supreme Court held in DiProspero v. Penn that a plaintiff with that kind of injury does not have to show a serious or substantial impact on their life to pass the threshold.

No ceiling above the gate

Once past the threshold, or with No Limitation on Lawsuit, the jury decides pain and suffering without a statutory cap.

Who pays

Under N.J.S.A. 2A:15-5.3, a defendant 60% or more responsible can be made to pay the full amount, while a defendant under 60% pays only its own percentage. Your own fault reduces the award, and you are barred if it is greater than the defendants'.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New Jersey's rules apply to your specific case with a licensed New Jersey attorney.