How to Determine what your Personal Injury Case is Worth.

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

Unfortunately, at some point in your life you will either be involved in, or know someone who has been involved in, an accident that resulted in injuries. If you or someone you know is considering filing a New Jersey personal injury lawsuit as a result of a slip and fall, car accident, or other incident, you may wonder how much your case is worth. Like many responses when it comes to legal questions, the answer is: It depends. Indeed, the answer really boils down to damages – or monetary compensation – that may be available to the victim.

Damages in Personal Injury Lawsuits

Damages are a dollar amount that accounts for what the injuries have cost the victim in terms of finances, physical, and mental health. Depending on the facts of the case, the at-fault party’s – referred to as the defendant – conduct may be so reckless and egregious that additional damages may be awarded as a way of punishing bad behavior.

In personal injury cases, monetary compensation is paid to the injured person – referred to as the plaintiff – by the person or entity found to be legally responsible for the accident and resulting injuries (often the defendant or the insurance carrier). A damage award may occur in more than one way. One is an agreed upon amount after the parties have negotiated an out-of-court settlement. Another way is by way of a court order by a judge or jury following a trial.

Negligence and Personal Injury Lawsuits

Virtually every personal injury case requires the injured party, or the plaintiff, to establish that the other party was negligent and that negligence caused the injuries suffered. The general legal doctrine of negligence is the failure of one party to use reasonable care, resulting in injury or damage to another. New Jersey follows what is referred to as a “modified” comparative negligence scheme. In other words, under state law, an injured plaintiff is completely barred from recovering if his or her own negligence is found to be greater than that of the person(s) against whom the recovery is sought.

The New Jersey Comparative Negligence Act allows for a jury in certain personal injury lawsuits to determine the relative degree of fault each party involved in the case is responsible for in relation to the accident. This results in a reduction of the monetary damages recoverable by the injured plaintiff by the percentage he or she is found to be at fault for the injuries suffered. In New Jersey, if a plaintiff is found to be 50% or less responsible for the accident, he or she still can recover monetary compensation for injuries. If the plaintiff is found to be more than 50% responsible, then he or she can not recover any monetary compensation.

Personal Injury Help in New Jersey

If you have suffered injuries due to another’s negligence, it is critical to speak with Richard Schibell, an experienced New Jersey personal injury attorney right away to learn about your rights and obligations under the law.

 

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