What Types of Damages Can You Seek in a Personal Injury Lawsuit?
Posted April 18th, 2021 by Anthony Carbone.
Categories: Personal Injury.
Under New Jersey personal injury law, the victim of an accident caused by another party’s negligence can seek compensation for their losses. The legal term for this reimbursement is “damages” and is usually awarded following a successful personal injury claim or lawsuit. There are different types of damages you can seek in a personal injury lawsuit, depending on your case and the nature of your injuries.
If you have been injured in an accident through no fault of your own, contact an expert North Bergen Personal Injury Attorney to learn about your legal rights.
Settlement Amounts for Litigated Claims
According to findings by the U.S. Department of Justice, Bureau of Justice Statistics, personal injury cases that are not often litigated tend to have higher payouts than those that are. Claims involving severe injuries record higher compensation amounts.
The survey further highlights median settlement amounts in different cases as follows:
- All cases – $31,000
- Motor vehicle claims – $16,000
- Premises liability claims – $90,000
- Intentional tort claims – $100,000
- Medical malpractice claims – $679,000
- Product liability claims – $748,000
Special Compensatory Damages
The numbers above only show a general trend. In reality, several damages are added up to make up the total settlement amount. A significant portion of the final number often comes from special compensatory damages, or money paid to the plaintiff to compensate them for all monetary expenses incurred due to an injury.
Special compensatory damages often vary from case to case, depending on the aftermath of the accident. Common examples of these damages include:
- Medical bills
- Rehabilitation, physical therapy, or retraining
- Aftercare or future medical care
- Lost income
- Loss of future earnings
- Property replacement or repair
- Medical devices
- Household expenses
General Compensatory Damages
Unlike special damages, general compensatory damages reimburse the victim for the non-monetary harm or losses caused by an injury. They are more subjective and may include:
- Mental anguish
- Emotional trauma
- Pain and suffering
- Loss of joy
- Loss of companionship or consortium
Wrongful Death Damages
Wrongful death damages are provided to the surviving dependents or family of the personal injury victim. They often cover:
- Medical costs before death
- Funeral and burial costs
- Loss of financial support
- Loss of companionship
- Emotional distress
Punitive damages are unique in that they are only awarded when the defendant acted out of malice or gross negligence. Some cases that might include punitive damages include sexual assault, fraud, or aggravated battery. Generally, the amount is included to act as punishment to the defendant.
Talk to a North Bergen Personal Injury Attorney
There are several types of damages you can seek in a personal injury lawsuit. A knowledgeable North Bergen Personal Injury Attorney can help point you in the right direction and ensure you get compensated for all your losses.
Attorney Anthony Carbone has been fighting for the rights of injury victims in North Bergen and the rest of New Jersey for over 30 years. If you have been injured through someone’s negligence, contact the Law Offices of Anthony Carbone at 201-733-2230 to schedule a consultation.