Damages. That’s the term used to award money when someone makes a claim for personal injury. There is generally one common theme when it comes to securing money damages. There must be actually harm.
Money Damages for Personal Injury Claims
We’ve all heard of the guy who was in a horrific accident and walked away unscathed. His car was completely wrecked. Yet, the young man was lucky enough to survive the incident without even a scratch. Should he receive money damages?
If the only harm is to the gentleman’s vehicle, that’s the extent of damages he can expect to receive. His own insurance will pay out on the property damage. If the accident was caused by someone else, the young man’s insurance company will seek reimbursement from them.
Compensatory damages? That’s what people are generally looking for when it comes to compensation for their injuries or other losses. Guess what. You are not entitled to compensatory damages unless you are injured. Plain and simple. You must have actual damages to claim them.
New Jersey’s automobile insurance laws are pretty strict when it comes to suing for car accidents. Take a look at the article we wrote regarding your right to sue depending on your policy choices. In some cases, you might not be entitled to compensatory damages if you were not severely hurt.
Other factors that can affect the value of your personal injury case? Obviously, someone else must have some degree of fault for you to make a claim. If you are found to be negligent in anyway, your award could be reduced. Or, non-existent.
So, what’s the bottom line on determining your case value? Here’s a list of what’s taken into consideration:
- The extent of your injuries and how they will permanently affect you
- Whether or not you have preexisting injuries that may have been exacerbated
- The total of your medical bills and whether more bills are anticipated
- Pain and suffering
- Emotional distress
- Lost Wages (including future earnings)
- Restriction on activities
- How the accident has affected your spouse
You may wonder how many of these items are quantifiable. Medical records and expert opinion often hold the answers. An experienced personal injury lawyer will go through the steps to obtain the best outcome on your behalf.
Contact Us
At the Law Offices of Anthony Carbone, we have represented injured plaintiffs for many years. If you have been hurt in any type of accident, we can provide you with legal advice. Contact us to set up an appointment to discuss your claim.