Calculating Damages in a New Jersey Personal Injury Lawsuit

Damages-in-a-Personal-Injury-Lawsuit

Accidents occur every day, with many leading to serious injuries that can impact the victim’s life. If you’ve been in an accident that wasn’t your fault and have suffered injuries, you shouldn’t have to pay for medical expenses out of your own pocket. Instead, the right thing to do is to get a personal injury lawyer to help you.

A lawyer will file a claim on your behalf, giving you the chance to recuperate some of the losses you’ve suffered. If the other parties don’t want to negotiate fairly, your lawyer can file a lawsuit and get your case seen in front of a judge. But what kind of damages is it possible to attain after suffering a personal injury?

Compensatory Damages

In a personal injury claim or lawsuit, you can ask the court to award damages. “Damages” is a legal term referring to monetary compensation that is awarded to the plaintiff.

Compensatory damages are meant to reimburse the plaintiff for out-of-pocket expenses that occurred because of the accident. Compensatory damages are divided into two main categories: non-economic and economic damages.

General Damages or Non-Economic Damages

Non-economic damages, also called general damages, are those that aren’t easily quantifiable because they’re subjective. The most common of these is pain and suffering. Pain and suffering damages compensate you for physical pain as well as the emotional distress that the injuries have caused.

Loss of enjoyment of life is another of these types of damages. If the injuries have been severe enough to prevent you from living your life as you used to before the accident, you could be compensated for that loss.

Alternatively, perhaps you lost a loved one as a result of the accident, or the injuries they suffered were so severe they can no longer offer you the love and support you used to receive. In that case, you can also claim loss of consortium.

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Special Damages or Economic Damages

The damages that are easier to calculate are economic damages, also called special damages. Because these have a monetary value attached to them, there’s no guesswork involved.

Medical expenses are the most common, and they include any costs you sustained because of the injuries. Medical expenses can comprise hospital bills, medication costs, and much more. Some injuries may require that you continue receiving treatments, which means you can also be compensated for future expenses.

Another type of economic damage you can claim is lost wages. If you’ve suffered an injury and had to get treatment, it’s likely you had to miss work. That means you didn’t receive the wages you otherwise would have gotten. You can get compensation for this loss.

If the injury you suffered prevents you from working at your previous position or at all, then you can also get future wages awarded to you. In some cases, economic damages also include property damage. In a car accident in which your car was damaged or totaled, you can claim compensation for the expenses of repairing it or buying a new vehicle comparable to the one you lost.

You can also get reimbursed for any other out-of-pocket expenses that you may have had as a result of the accident.

Punitive Damages

Punitive damages are not meant to compensate the victim of the accident but instead to punish the person at fault. Whether punitive damages are added to the claim depends solely on the court.

It’s important to note that some states don’t award punitive damages in cases that revolve around negligence, including gross negligence. Negligence isn’t considered malicious or intentional, which is what you’d have to prove to be awarded these damages.

Punitive damages are usually awarded if two conditions are met. The court must be able to determine that the defendant knew their actions could have caused serious harm and that they showed a disregard for the possible harmful consequences.

The court will also consider what the defendant did when they realized their actions could hurt others and how long they continued to engage in that behavior. Finally, the court will look to see whether the defendant tried to cover up what they did.

In New Jersey there’s a limit on punitive damages. You can receive $350,000 or up to five times the amount of your compensatory damages, whichever sum is greater. Punitive damages that exceed your compensatory damages will be taxed.

How a Personal Injury Lawyer Can Help

If you’ve been in an accident that wasn’t your fault and suffered injuries and other losses, turning to a personal injury lawyer is vital. Having a lawyer on your side can make the process of filing a claim much simpler.

The first thing a lawyer will do is assess your claim to make sure it’s viable. If you don’t meet all of the requirements to prove negligence or strict liability, it’s likely you don’t have a claim. Even if you’re not sure whether you do, the consultation is free, so you should still reach out to a lawyer to make sure.

A personal injury lawyer will also gather all of the necessary evidence to help prove your claim. This can include medical records, police reports, expert witness testimony, and much more.

They’ll talk you through the entire process so you know what to expect, including the kind of damages you’ll be able to claim. With a lawyer, you don’t have to worry about negotiating with the other party yourself. This is crucial since dealing with insurance companies can be complex and requires experience.

Even with skilled representation, the negotiations could fail, or the offered settlement could not be enough to cover your losses. In that case, your lawyer can file a lawsuit and take your case to court.

Turning to Garces, Grabler & LeBrocq for Help

After suffering losses because of an accident that wasn’t your fault, you have the right to pursue damages. By turning to a personal injury lawyer who can guide you through the process, you have a better chance of getting the compensation you need.

At Garces, Grabler & LeBrocq, we offer representation to those who are struggling with medical bills, property loss, and a change in quality of life because of someone else’s actions. We have been representing clients for over 30 years, and we’re ready to assess your claim.

We’re a no-nonsense firm that focuses on fighting for our clients’ rights. With a team made up of people who are as compassionate as they are tenacious, you can expect the respect you deserve from the moment you step through our doors.

Because we know that it can be tough to wait on the resolution of a claim, we keep you updated and in the loop. We’re always here to answer questions and address any concerns you have about the process.

Don’t go through the aftermath of an accident that wasn’t your fault on your own. Turn to Garces, Grabler & LeBrocq today by calling 1-800-923-3456.