How much compensation can you get for suffering a personal injury in New Jersey? If you have a good personal injury attorney in New Jersey on your side, you may win your personal injury lawsuit and be awarded a well-deserved compensation.
There is no limit to the extent of compensation that you can gain from a personal injury lawsuit.
This monetary compensation is also referred to as damages. You can possibly be awarded damages for incidents such as dog bite, motorcycle accident, pedestrian accident, bicycle accident, motor vehicle accident and slip and fall cases.
No matter what your personal injury case, the damages that you can possibly be awarded depend on circumstances of the incident involved, the nature of your injuries, the responsibility of the at-fault party and other factors. Hence, if you have suffered a person injury, you must contact a personal injury lawyer in New Jersey to understand the full extent of compensation and to ascertain your chances of winning the cases.
That being said, there are various kinds of damages that may be awarded in a personal injury case which you should know about. Here are the different kinds of damages that you may be entitled to.
If someone else is liable for your injuries then you have the right to be compensated for the monetary losses that you have suffered. You can recover the cost of your medical care, lost wages and damaged property.
1. Medical Care
The plaintiff has the right to be compensated for all medical costs arising from the personal injury for which the at-fault party is liable.
Thus you are entitled to gain compensation for your medical expenses, medication costs, purchase of specialized medical equipment for treating your injuries, cost of hospital stay, doctor appointments, ambulance trips, hospital expenses and any other costs related to your injury treatment.
You can claim damages for diagnostic tests carried out to evaluate the status of your injuries, nursing care at home or hospital, pain management costs, physical therapy and all costs starting from the time at which the injury took place as well as those that will arise in the future – that is, if the injury is lasting in nature and future medical treatment will be required then these future medical estimates will also be included in damages paid to the plaintiff.
2. Lost Wages
If you had to take time off from work to rest and recuperate then you can also claim your lost wages. If you had to consume benefits that your employer provides like sick leave and vacations to treat your injuries then you can gain compensation for this as well. Likewise, if you suffered property damage then you can also claim compensation for restoring or replacing the said property.
If you were out of work either as a result of incapacitation due to the injury or because of rest recommended by doctors for treatment, you are entitled to recover lost wages for all these cases.
Since paid time off is included in your benefits, you can claim damages if you resorted to utilizing your paid time off to recuperate from your personal injuries.
There is also another extremely important facet to consider. The nature and extent of the personal injury may be such that it can possibly reduce or even eliminate your ability to work. In both of these cases, you will incur losses and thus you have the right to claim damages for monetary costs incurred due to reduced capacity or complete disability to perform work. If you are participating in a disability plan (either private or public), and you have gained benefits from these plans to cover disability losses then the total value of these benefits received will be deducted from the damages that you will be awarded.
3. Suffering and Pain
Personal injury compensation is not just limited to monetary losses since it involves far more than just money. Anyone afflicted with personal injuries invariably goes through tremendous suffering and pain. Under New Jersey laws, the at-fault party must compensate the personal injury victim for the pain and suffering that they have endured. In many cases, the pain is not just severe, it is long lasting and can possibly continue for life. Since the pain and suffering is unnecessary and unfair to you, the state of New Jersey recognizes compensation in this regard. Thus it is not unusual to find juries awarding massive compensation as damages for pain and suffering in addition to other forms of monetary compensation (such as those discussed above).
Since the compensation for pain and suffering can be enormous, insurance companies will try their level best to have the matter settled out of court. No matter how confident you are of getting compensated for your personal injuries, you must remain wary of insurance companies. You must never give in when insurance companies try to inveigle you into accepting a big payment for your pain and suffering. The payment might appear attractive but it will probably be much smaller than what you are actually entitled to. Hence, you must get in touch with a good personal injury attorney in New Jersey and have this experienced professional talk on your behalf to insurance companies.
4. Emotional Distress
Besides the physical damage, pain and suffering there is also a lot of emotional distress for those afflicted with personal injuries. The emotional distress can have a deep and possibly lasting impact on the psychological well-being of the victim. There is no doubt that mental health is extremely important just like physical health and just like physical scarring, mental scarring can also take a long time to heal.
If you have suffered from emotional disturbances directly as a consequence of your personal injuries, then you deserve a higher compensation that reflects this sort of pain. Psychological assessments and diagnosis of mental conditions such as post traumatic stress disorder by qualified professionals can work in your favor and serve as proof of your mental trauma thus maximizing your chances of being paid damages for emotional distress.
5. Wrongful Death
In the worst case scenario, an accident can result in death. Under such unfortunate circumstances, the closest family member of the deceased can press claims for compensation from persons responsible for the wrongful death of their loved one. All state give you the right for claiming damages for the loss of your closest relatives.
6. Loss of Consortium and Companionship
Besides wrongful death, the spouse of the injured person can also claim damages for loss of consortium or companionship. There is a recognition that the injuries of one person can affect their relationship with their spouse. The suffering of the spouse in this regard is also regarded as an injury. After a major accident chances are that injured person may never return to the same physical, mental and emotional well-being that they possessed prior to the accident and it may take a long time to return to a level that may be described as normal. This is unfair and distressing for the spouse of the injured person and can result in deep pain and suffering for them as well. The spouse of the injured person may also have to bear added responsibilities like taking extra care of the injured person and carrying out responsibilities that the injured person would normally have fulfilled. Due to all these factors, damages may be awarded for loss of companionship and consortium as recognition of the distress, pain and suffering of the spouse of the injured person.
7. Punitive Damages
The main purpose of punitive damages is not to recover monetary losses of the afflicted party. Instead, these damages are awarded by the court as an expression of its deep disapproval and displeasure for the guilty party. That is, the court may force the defendant to pay heavy damages known as punitive damages to punish and reprimand them. In addition, the purpose of punitive damages is to serve as a warning to others that they too may have to endure such punishment if they show the same negligence, recklessness and carelessness as the at-fault party. Punitive damages serve to dissuade others from indulging in negligence and carelessness that can lead to accidents, personal injuries, pain and suffering.
Punitive damages may not be applicable to all cases, but where they do apply then such damages can be massive. Your personal injury lawyer can inform you whether or not there is the possibility of being awarded punitive damages in your case.
Incidents That Can Lead to Personal Injuries
Here are some very common scenarios that can lead to personal injuries.
· Slip and Fall
Slip and fall injuries are some of the most common kinds of personal injuries. They can lead to serious damage, pain and suffering especially for senior citizens. In fact, slip and fall injuries are one of the leading causes of death for senior citizens. Even in younger persons, slip and fall injuries can lead to fractures, spinal damage, disabilities, emotional distress, loss of ability to work, medical costs, suffering for close relatives and all sorts of problems. Hence there are strict laws in place for slip and fall cases in all states including New Jersey.
Business and property owners have the duty for keeping their premises and sidewalks safe for others. If they fail to discharge their responsibilities and a slip and fall injury happens to someone else as a direct consequence of this negligence then the at-fault party is culpable and must pay damages to injured persons.
Slip and fall injuries can take place due to various reasons like falling from a ladder, falling down at a construction site, dangerous stairways, wet surfaces, broken sidewalks, icy pavements and inadequate lighting among others.
· Motor Vehicle Accident
Motor vehicle accidents are a tremendous source of fatalities, disabilities, serious injuries and suffering not just in the US but all over the world.
Perhaps the most common causes of motor vehicle accidents are drunkenness and texting while driving. Alcohol has caused endless suffering for innumerable families who have lost their loved ones to the recklessness of drunk drivers. Sadly, the legalization of marijuana may possibly make matters worse and states that have permitted this substance are already seeing a steady increase in accidents that detractors believe is the result of marijuana legalization.
As if driving under the influence is not bad enough, distracted driving is much worse. Texting while driving means that guilty drivers take their eyes off the road for several seconds. They also take much longer to brake fully in an emergency. Both these factors result in an accident risk that is much higher than even drunk driving.
· Dog Bites
Dogs are common pets across households in America. However, disease, mistreatment, negligence and other factors may distress dogs due to which they may resort to biting and attacking others. It is the responsibility of the owner to take all reasonable measures to ensure that their dogs do not bite anyone else.
Although there has been a lot of debate about the viciousness of certain dog breeds with statistics showing certain dog breeds to be responsible for the overwhelming majority of dog bite incidents, New Jersey does not distinguish between dog breeds nor does it prohibit ownership of such dogs. In almost all cases, the owner is culpable for any dog bite injury to others.
Although you are entitled to all kinds of damages in New Jersey, the matter can be complicated by insurance. As you may be likely aware, insurance companies are averse to paying benefits even if party making the claim deserves it. They may try to find ways around your insurance policy and look for loopholes to avoid, minimize or delay payment. A reliable personal injury attorney in New Jersey is just what you need to get your richly deserved benefits from insurance companies.
No matter what the nature or extent of your personal injuries, you must immediately get in touch with personal injury lawyer in New Jersey to determine your prospects of winning the lawsuit and amount of damages that you can possibly get.
Contact us today.