Available Damages in Personal Injury Cases

With offices in Oakhurst, Howell, and Toms River, we provide professional legal representation for the entire New Jersey area.

Personal injury cases are common; indeed, individuals are hurt every day in the United States in accidents due to the fault of another. Our New Jersey personal injury lawyers have the experience to handle a wide variety of cases including slip and fall injuries, car accidents, workplace injuries, and medical malpractice, among others. If you or someone you know has been injured, our legal team, lead by Richard D. Schibell, can help you seek the monetary compensation to which you are entitled.

Available Damages in Personal Injury Cases

It is common knowledge that if you suffer an injury in an accident that was caused by another’s negligent or reckless actions, you may seek monetary compensation by pursuing a personal injury claim. What is less known, however, is what that monetary compensation, referred to as “damages,” entails and understanding the different types available to personal injury victims. The purpose of pursuing monetary damages is to make personal injury victims “whole” again. In other words, it is an attempt to place the victim in the same place they would be if the accident had not occurred – at least from a financial standpoint. The law recognizes several types of injury damages:

• Medical care: A plaintiff may seek compensation for any and all medical bills resulting from the injuries sustained as a result of the accident. Some examples of costs include diagnostic testing, hospital stays, pain management, physical therapy, medical devices, rehabilitation services, and out-of-pocket expenses;
• Lost wages (past and future): A personal injury often requires that the victim miss work for prolonged periods of time – or possibly renders them unable to work ever again. A plaintiff may seek compensation for past wages lost as well as the loss of future earnings;
• Pain and suffering: Oftentimes being injured in an accident causes damage beyond medical bills and lost wages. For this reason, the law recognizes that pain and suffering – however slight or serious – is unnecessary suffering and merits additional monetary compensation to the victim. Depending on the facts of the case, a jury may give a sizeable damages award for pain and suffering;
• Emotional distress: Not all injuries are just physical. Quite often, suffering an injury caused by an accident can result in a negative effect on the victim’s psychological and emotional well-being. Because mental health is just as important as physical well-being, monetary compensation may be awarded if you have suffered emotional distress;

These are just some of the monetary damage awards that are available to a New Jersey personal injury victim. A skilled personal injury attorney can analyze the facts of your specific case and help you achieve monetary compensation for injuries you have suffered.

Establishing Liability in Personal Injury Lawsuits

In New Jersey, just like every other state in the nation, if you are a victim who was injured in an accident for which someone else was at fault, you may file a personal injury lawsuit in civil court. If your injuries are the result of the actions of a government agency or employee, seeking monetary compensation for your injuries is more complicated.

The majority of personal injury claims occur because one or more parties acted negligently, resulting in the victim’s injuries. Essentially, negligence is conduct that falls below the standard of care that is expected of a reasonable person in similar circumstances and results in harm to another person. In order for a personal injury victim to be successful in proving negligence in his or her claim, he or she must prove that the defendant(s) owed a legal duty to the plaintiff, ( breached that duty by action or inaction, that the breach was the actual and legal cause of the harm or injuries to the plaintiff, and that the breach resulted in the plaintiff suffering actual damages.

New Jersey Personal Injury Attorneys

If you have suffered injuries due to another’s negligence, speak with an experienced New Jersey personal injury attorney immediately. We can explain your rights and obligations under applicable law.

 

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