Many factors determine how much someone will receive in a settlement for their accident in New Jersey.
Personal injury cases cover many areas: car accidents, slip and falls, medical malpractice, boating accidents, premises liability, wrongful death, workplace accidents, and products liability. While ultimately the question comes down to if and what the other party offers and is willing to pay, what would be fair and reasonable under the circumstances, and what you will accept, there are many considerations that play a role in arriving at these determinations. Here is what goes into determining the value of your personal injury claim.
What are the areas of personal injury pain?
The first is actual physical pain caused at the time of the accident up to the present. The second is the pain that will limit a person’s activity or work in the future, affecting the ability to care for oneself or others and possible disfigurement. The third category of pain is mental: anxiety, depression, PTSD, insomnia, or phobias (to go up or downstairs, drive, go to the doctor, etc.) or other psychological trauma. The problem with pain is that it cannot be calculated for the future. Lingering effects can decrease the quality of life and cause mental anguish. Proof of pain and suffering can come from medical records, therapists’ notes, or even a personal journal listing medical development and psychological health changes. Family members can also give their testimony as to how injuries have affected the injured party. Frequently, couples struggle during the recovery period due to financial issues, extra care required by the uninjured spouse, and constant trips to the doctor or specialist. It can put a serious strain on the relationship.
What else is included in the settlement?
Loss or damage to property as well as medical expenses are also calculated. Doctor’s visits, physical therapy, psychologist, X-rays, CAT scans, MRI’s, hospitalization, chiropractic treatments, massages, and medications must all be included. It is important to include lost wages in the past and the future. If your return to work has yet to be determined or due to your injuries, you will not be able to return; your personal injury attorney should keep that in mind.
What Are Punitive Damages?
Punitive damages are a monetary sum awarded to the injured party when the defendant is determined to have especially negligent. This award is not so much an intent of helping the plaintiff recovery as it is meant to punish the defendant for their carelessness.
What Else Determines the Value of My Case?
If the injured party has a role in the causation of the accident or didn’t take action right away after being injured, the damages in the case can be affected. There are three kinds of negligence to consider.
Comparative Negligence
The damages you receive are directly related to the amount of fault in the accident occurring. For example, if $100,000 is requested in a settlement for a car accident and it was determined that the braking distance of the injured party was insufficient because the vehicle’s tires were worn, some fault could be assessed, and the settlement amount might be lowered by $10,000 or $20,000 depending on the severity of the actions to the outcome.
Contributory Negligence above the Threshold
This is the most severe of this group regarding a settlement reduction as it impedes a plaintiff from any damages if proven that they were somehow at fault more than the other party involved. Even in the most minor of instances, regardless of the percent of fault determined, no damages will be awarded to them if their contributory negligence exceeds the 50 percent threshold needed for a valid claim.
Failure To Mitigate Damages
The injured party must take the necessary steps to have the best recovery possible. This includes going to all doctor’s appointments, therapy appointments, doing the requested exercises or other physical therapy, taking prescribed medication, and in general following all of the doctor’s indications. They must avoid any activity that will exacerbate an injury, such as playing sports, carrying heavy objects, working a side job while on medical leave for injuries suffered from the accident, and so on. This kind of conduct can cause a decrease in damages or a loss of them altogether.
Contact our Personal Injury Attorneys for a free and confidential consultation at our West Long Branch Office.
Accidents can be frightening, and when you are seriously injured, even more so. Who is going to pay your medical bills? Will you lose your job? When can you get back to work? All of the answers to these questions take time and depend on your recovery.
At Chamlin, Uliano & Walsh, our priority is you. We have handled hundreds of personal injury cases and are willing to sit with you and work out a logical plan of action that you can rely on. Our law firm is dedicated to recovering all the compensation you need and deserve after an accident. With a local office in West Long Branch, we serve as passionate legal advocates for clients with personal injury matters throughout Ocean and Monmouth County and the Jersey Shore, including in Ocean Port, Manasquan, Belmar, Red Bank, Middletown, Freehold, Asbury Park, and Long Branch.
Contact us online or call (732) 440-3950 today to discuss your rights to compensation. The insurance companies have lawyers, and so should you. We look forward to hearing from you soon.