What Damages Can You Expect to Recover?
You’ve been hurt in a motor vehicle accident or a slip and fall caused by the negligence of another person. You have a right to seek full and fair compensation for your losses. How much is your personal injury claim worth in New Jersey? What types of losses are recoverable in a personal injury lawsuit?
Common Damages Available in Personal Injury Claims
In civil lawsuits in New Jersey, including personal injury claims, the damages (or compensation) potentially available are categorized as economic and non-economic damages.
Economic damages are those that are tangible or easy to calculate, with documentation of the amounts readily available. Examples of economic damages include:
- Income or wages lost because of your injuries, including future earnings (if you are unable to work) — The amount of damages in this category is typically based on your past earnings.
- Unreimbursed medical expenses — Any out-of-pocket medical costs relating to your injuries from the accident can be recovered. The amount of medical damages is commonly calculated through medical records but may also include estimated future medical expenses.
- Damage to or loss of property — These damages are typically determined by costs to repair or replace property.
Non-economic damages are those losses with a value that is more difficult to calculate with certainty. Examples include:
- Loss of consortium or companionship — This category covers the inability to have close personal relationships because of injuries suffered.
- Loss of enjoyment of life — The inability to engage in routine activities of daily life, or to participate in activities that gave you enjoyment before the accident, can be part of your recoverable damages.
- Pain and suffering — Your damages can include an amount for physical, mental, or emotional pain or discomfort stemming from the accident or your injuries.
Attorneys use a number of approaches to calculate non-economic damages. Some attorneys apply a multiplier, taking the amount of economic damages and multiplying it by a factor (typically between one and five) to compute non-economic damages. The specific multiplier utilized is contingent on various factors related to the severity and impact of the injury. For example, if economic damages are $500,000 depending on the severity of the injuries, in evaluating the non-economic damages, one may apply a factor of two assuming the injuries are evaluated at 2 in a scale between 1 and 5, and therefore, one would add $1 million in non-economic damages to the economic losses totaling $500,000 in evaluating the claim.
Contact Attorney Howard N. Sobel
At the office of Howard N. Sobel, we aggressively advocate for people in New Jersey who have suffered needless injury because of the wrongful acts of another person. Contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.
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