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What Are The Types of Damages Available to New Jersey Accident Victims?

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damages new jersey

Due to another party’s negligence or intentional misconduct, you have sustained significant injuries. Not only are these injuries physically debilitating, but they also have the potential to forever upset your finances. As such, you have no choice but to file a personal injury lawsuit. As you do so, you may be wondering what compensation you may be entitled to. If you would like more information on the damages you may receive if you prove your personal injury suit, please continue reading, then contact one of our experienced New Jersey personal injury lawyers today.

What types of damages can you sue for in New Jersey?

Depending on the specific circumstances of your case, accident victims may receive a wide range of damages. Generally, they are broken down into one of three categories:

  • Economic damages: These are compensatory damages meant to reimburse the injured person for their:
    • Lost wages
    • Medical bills
    • Property damage
    • Household services
    • Loss of earning capacity
  • Non-economic damages: Other than the comparative fault rules, the Garden State has no cap on these damages meant to reimburse the injured person for their:
    • Emotional distress
    • Physical pain and suffering
    • Loss of enjoyment of life
    • Damages to personal relationships
    • Loss of consortium
    • Permanent disabilities and impairment
  • Punitive damages: Though rarely awarded, these damages, capped at five times the amount of other compensatory damages or $350,000, whichever is greater, are meant to punish the defendant’s:
    • Gross negligence
    • Oppression
    • Fraud, or
    • Malice

Do these damages each have different standards in New Jersey?

In addition to satisfying the burden of proof, you must prove to the jury that your case warrants the issuance of any or all of these forms of compensation. Each has its own set of standards and evidentiary requirements, so before filing your lawsuit, you and a lawyer from our firm should collect as much of the available evidence as possible. This evidence may include your pertinent medical records, witness statements and contact information, police and medical personnel reports of the accident, photos and/or videos of the accident scene and its hazardous conditions and whatever else may sway a jury.

How do you prove your personal injury case in New Jersey?

The Garden State operates under the modified comparative negligence rule of fault. This means that your award will be reduced by a commensurate amount of your share of the fault. For example, if a jury awards you $100,000 but finds you share 40 percent of the fault, you will receive $60,000. So long as you share less than 50 percent of the responsibility for an accident, you may receive financial compensation, accrued from economic, non-economic and/or punitive damages. Give us a call today, so we can discuss the particulars of your case.

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If you or someone you know has sustained an injury, contact Rubenstein, Berliner & Shinrod, LLC today.

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