Compensatory Damages in Personal Injury Lawsuits Explained

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

New Jersey personal injury cases often result in monetary compensation being paid to the injured party by the party found to be responsible for the accident. The paying party, referred to as the defendant, may be an individual or an entity, or both. While there are several types of damages available to injured plaintiffs in New Jersey, they fall under the umbrella of “compensatory damages.” Below is an explanation of the different types of damages and how a plaintiff can affect the ultimate award.

Compensatory Damages in Personal Injury Lawsuits

Generally speaking, personal injury damages are labeled as “compensatory.” This is because their purpose is  to compensate the injured party for what was lost as a result of the accident and injuries. Compensatory damage awards are meant to try to make the plaintiff “whole” again – at least as much as is possible – from a financial perspective. Some compensatory damages are easily quantified into monetary values, such as medical bills, loss of income, and property damage, and are known as economic damages. Others, commonly referred to as non-economic damages, are not so easy to put a number on. These are damages that are harder to quantify such as pain and suffering, loss of companionship,  loss of enjoyment, and emotional distress.

In cases in which the at-fault party’s behavior was found to be particularly egregious or outrageously careless or reckless, a personal injury plaintiff may be awarded punitive damages. As the name implies, punitive damages are awarded with the goal of punishing the defendant for its bad behavior and likewise, to put others on notice. Most states, including New Jersey, have placed statutory caps on punitive damage amounts. New Jersey law allows punitive damages to be awarded up to the greater of five times the amount of compensatory damages or $350,000.

How Your Action or Inaction can Affect Damages

Sometimes the injured party played a role in causing the accident that resulted in injuries. This may be a result of his or her action or inaction. Oftentimes, a plaintiff’s conduct can reduce or even altogether eliminate the amount of damages available in a New Jersey personal injury case.

Under New Jersey law, if the plaintiff is found to be partially at fault for the accident that caused his or her injuries, the damage award will be reduced by that percentage. Should a judge or jury find a New Jersey personal injury plaintiff to be 50% or more at fault for the accident, state law bars any recovery whatsoever. Most states have laws that expect personal injury victims to take steps to minimize the monetary impact of the harm caused to them by the accident. If an injured plaintiff sits back and unreasonably does nothing or fails to get necessary medical treatment making the injuries worse, a monetary compensation award could be significantly reduced.

If you are considering filing a New Jersey personal injury claim, contact Ricard Schibell, a knowledgeable and experienced attorney right away. Do not delay, as there are statutes of limitations that affect the timeframe in which a claim must be filed. Failure to do so can forever bar recovery simply by the passage of time.

The post Compensatory Damages in Personal Injury Lawsuits Explained appeared first on Richard D Schibell.

source http://richardschibell.com/compensatory-damages-in-personal-injury-lawsuits-explained/