If you were injured by the negligence of another, you may be entitled to damages for the losses you experienced because of the accident. Different types of damages may be available, depending on the circumstances. Here are the main types of damages you may be able to recover as part of your personal injury claim.
Economic Damages
Economic damages compensate personal injury victims for the losses they suffered that have a direct economic effect. Bills, invoices, receipts, and other documentation can usually substantiate these damages. Common types of damages included in personal injury cases include:
- Past, current, and future medical expenses
- Medications and medical devices
- Rehabilitation expenses
- Lost wages, overtime, tips, and bonuses
- Reduced earning capacity
- Costs to repair or replace damaged personal property
Non-Economic Damages
Non-economic damages compensate accident victims for intangible losses they suffer. These losses are just as real; they are just more difficult to quantify. Non-economic damages include payment for:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium or companionship
- Permanent impairment or disability
Together, economic and non-economic damages are referred to as compensatory damages. Compensatory damages are not capped in New Jersey.
Punitive Damages
Unlike compensatory damages, punitive damages are not designed to compensate the victim. Instead, they are intended to punish the wrongdoer and deter similar conduct in the future. Punitive damages are not typically awarded in personal injury cases because they are reserved for the most egregious cases. If a judge or jury awards punitive damages, there must be clear and convincing evidence of malice or extreme recklessness. Punitive damages are capped at $350,000 or five times the amount of compensatory damages, whichever is greater, under New Jersey law. Damage caps do not apply in cases where the defendant is convicted of a crime related to the injuries.
How Are Damages in New Jersey Personal Injury Cases Calculated?
As part of your personal injury claim, your lawyer can calculate all the damages you suffered due to the accident. Your lawyer can gather evidence to prove the value of your claim, such as:
- Medical bills
- Receipts
- Invoices for car repairs
- Check stubs and tax returns
- Estimates for home modifications to accommodate disabilities
- Pain journal entries
Your lawyer may also hire expert witnesses to assist with damage calculations. For example, if an accident rendered you permanently disabled, an economic expert may be able to explain how much money you were expected to earn during your lifetime before the accident vs. after the accident.
Contact Us for a Free Consultation
The personal injury lawyers at Aronberg, Kouser, Snyder & Lindemann, P.A. are here to help demand the compensation you deserve. We can explain the damages available to you, gather evidence proving the full extent of your injuries, and prepare a customized demand package. Learn more about your legal rights and options when you schedule a free case review by calling us at (856) 429-1700 or contacting us online.
