Personal injuries come in all different shapes and sizes. They may stem from an automobile accident, a defective tool at work, a slip and fall, or even an injury while on the job. If any of these have occurred, then filing a lawsuit should be your next step.
But when it comes down to it, one of the biggest questions you may be asking yourself is, “How much is my case really worth?”
The answer to that question varies but is typically based on the damages that stemmed from the accident. Damages are what your injury has cost you physically, mentally, and monetarily.
Pursuing Damages in New Jersey Personal Injury Cases
When it comes to a personal injury case, money damages are pursued by the injured party and are to be paid by the person or company found to be legally responsible for the accident. The amount can be agreed upon by both parties after a settlement or it can be determined by a judge or jury following a trial. Either way, there are two big types of damages in personal injury cases with different factors that can vary the amount of compensation.
Compensatory damages are meant to compensate the injured party for what was lost because of the accident or injury. The following are common compensatory damages in NJ personal injury cases:
- Income – An injury can leave you unable to complete the required tasks of your job. These damages can include money already lost from missing work and money you would have been able to make in the future.
- Medical treatment – A majority of personal injury damages include the cost of medical care. This medical care includes treatment you have already received as a result of the accident, as well as compensation for an estimated cost of future medical care related to the accident.
- Pain and suffering – This is one of the tougher damages to prove. It covers compensation for pain and serious discomfort suffered during the accident and its following aftermath. It may also include lingering pain that can be attributed to the accident in question.
- Loss of consortium – These damages relate to how the injury impacts the person’s relationship with their spouse. This can mean the loss of companionship or even the inability to maintain a sexual relationship. In some cases, the damages awarded may go directly to the affected family member instead of to the injured party.
Sometimes, the legally responsible party’s conduct is deemed egregious or outrageously careless and the injured party can receive punitive damages, which are meant to punish the guilty party for their conduct. Most states have a cap on punitive damage awards in personal injury cases.
Comparative Negligence in NJ Injury Cases
In New Jersey, there is one more aspect that can vary the amount of damages awarded in a personal injury case: the role of the injured party in the accident. This is known as comparative negligence.
Comparative negligence takes into account the percentage that you contributed to the incident. Were you driving distracted? Did you miss a sign that could have kept you from your accident? Could you have avoided that ice on the sidewalk outside the grocery store if you had been paying attention?
Your negligence can result in a lowering of the amount of damages you may receive in your NJ personal injury case.
Free Consultation with Skilled New Jersey Personal Injury Attorneys
When it comes down to trying to get the most compensation out of your personal injury claim, it is important to have an experienced New Jersey accident lawyer on your side.
The lawyers at McHugh and Imbornone, P.A. are ready to make sure that you get the most out of your injury case and can get back to living your life. Call 973-966-1520 or fill out our convenient online contact form to schedule a free consultation and begin discussing your case with a qualified attorney from our office today.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.