What Are The Types of Damages Awarded in a New Jersey Personal Injury Case?

Types of Damages in a New Jersey Personal Injury Claim

What are the Types of Damages in a New Jersey Personal Injury Claim?

Personal injury claims are very common in New Jersey. When victims are injured due to another person's negligence, they may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages.

Some of the best-rated medical centers in Union City for treatment of personal injuries include:

  • Diligent Urgent Care
  • Sanitas Medical Center
  • FMC Union Hill
  • Westside Medical Associates

In order to file a personal injury claim, these injured victims must first determine whether they have a valid legal case. This means that they should consult an experienced personal injury lawyer in New Jersey to evaluate their situation.

When New Jersey residents are injured in a car accident, slip-and-fall accident, motorcycle crash, construction site accident, or some other type of accident, they can contact a personal injury law office in Union City to schedule a free consultation. An experienced personal injury attorney can help them understand their rights and obligations under the law. Additionally, they understand any deadlines that must be adhered to in order to file a claim. According to New Jersey Statues, claims must be filed within a two-year timeframe. However, exceptions may apply that an experienced attorney can inform victims.

What Are Common Personal Injury Damages?

Personal injury claims are very complex. There are several types of damages that may occur in a personal injury claim. For example, there are medical expenses, lost wages, pain and suffering, emotional distress, etc. In addition, there are two main types of personal injury cases: negligence and strict liability. Negligence refers to an accident caused by another person's actions. Strict liability refers to an accident caused without fault.

In the United States, there are two types of damages that may be awarded to victims of personal injury: compensatory damages and punitive damages. 

Compensatory Damages

Compensatory damages compensate an injured party for their injuries. These may include medical expenses, lost wages, pain and suffering, emotional distress, and any other losses suffered by the victim. A person who has been injured by another's negligence or intentional wrongdoing may sue the wrongdoer for compensatory damages. 

  • Economic Damages - Economic damages refer to monetary losses caused by an injury. Non-economic damages include pain and suffering, emotional distress, inconvenience, and disfigurement.
  • NonEconomic Damages - Non-economic damages are often difficult to quantify. For example, if you were injured in an accident and lost your ability to walk, you may suffer physical pain and discomfort. However, you would not be entitled to recover any money for these injuries.

Punitive Damages

Punitive damages are usually awarded against defendants who act recklessly or intentionally injure others. They are designed to deter future misconduct. To recover punitive damages, a plaintiff must prove that the defendant committed a tortious act with malice. Malice means "the doing of a wrongful act without legal justification or excuse, or, otherwise stated, the willful and deliberate commission of a wrongful act." According to NJCourts.gov, there is a cap on punitive damages.

How Are Damages Calculated?

Damages are calculated based on the amount of money needed to repair an injury. If you were injured in an accident, you may be entitled to damages. Damages are usually awarded to compensate the victim for the injuries sustained in the accident. Damages include medical expenses, lost wages, pain and suffering, and emotional distress.

In order to determine the amount of damages, you should hire a personal injury attorney. An experienced lawyer will be able to calculate the amount of damages you are entitled to receive for your personal injury.

How Comparative Negligence Can Affect Damages in NJ

Comparative negligence is an issue that arises in personal injury cases. This type of case involves two parties: the plaintiff and the defendant. If one party is negligent, then the court may find that the other party was also negligent. However, the court may still award damages to the injured party.

In New Jersey, comparative negligence applies to any civil action where damages are sought against multiple defendants. For example, if a driver negligently causes an accident and injures another person, the driver may be found liable for his or her actions. But if the driver is also intoxicated, he or she may be found comparatively negligent for causing the accident.

How a Jersey City Personal Injury Attorney Will Help You

In order to receive compensation, however, you must first prove that the defendant was negligent. This means proving that the defendant owed you a duty of care, failed to perform that duty, and caused you harm as a result.

A personal injury attorney can help you navigate these complicated waters. Here's what an experienced New Jersey personal injury lawyer can do for you:

  • Determine Liability
  • Identify Damages
  • Negotiate Settlement
  • File a Lawsuit

Contact an Experienced Personal Injury Attorney in Jersey City Today

If you are injured in a personal injury in Union City, NJ, you may be able to recover damages in a personal injury lawsuit. It is important to consult with an experienced personal injury lawyer to help you with your case.

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Our Local Injury Offices in New Jersey

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Sewell, NJ Law Office
Shane Sullivan, Esq.
Date Published: June 30, 2022
Shane Sullivan, Esq. is a New Jersey Board Certified Civil Trial Lawyer that represents those who were injured or the family's of those killed by the negligence of others in personal injury lawsuits throughout New Jersey.
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This website is by DiLeonardo Law LLC d/b/a Garden State Justice Group. We have offices throughout the state of New Jersey with attorneys licensed to practice law in New Jersey. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel for prosecuting cases. Results may vary from case to case depending on the specific circumstances of the case. This website has not been approved by the Supreme Court of New Jersey.
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