Understanding the Value of a
Personal Injury Case in New Jersey
Personal injury cases are often intricate, weaving together multiple elements of law, insurance, and financial realities. In New Jersey, key factors such as liability, damages, and a defendant's ability to pay play pivotal roles in determining the value of a personal injury claim. Additionally, particular state laws, like comparative negligence, insurance requirements, and the verbal threshold, work to influence how these factors are applied.
The Importance of Liability in Determining How Much My Personal Injury Case is Worth
Liability refers to the legal responsibility of the defendant for the plaintiff’s injuries. To succeed in a lawsuit for personal injuries, a plaintiff must demonstrate that defendant is liable or at fault for the plaintiff’s injuries. To meet this burden of proof the plaintiff must be able to prove that the defendant had duty of care to the plaintiff, which the defendant breached or violated, that the breach of the duty was the actual and proximate cause of the plaintiff’s damages.
Comparative Negligence Rule: New Jersey follows a modified comparative negligence rule (NJSA § 2A:15-5.1).
If the plaintiff is found to be more than 50% at fault, they cannot recover any damages.
If the plaintiff is 50% or less at fault, their damages are reduced by their percentage of fault. For example, if the total damages are $100,000 and the plaintiff is 20% at fault, they can recover $80,000.
Clear Liability Increases Value: Cases in which the defendant's fault is obvious and uncontested (a rear end hit to a car stopped at a red light) are more valuable than cases where liability is unclear.
Shared or Uncertain Liability Reduces Value: If liability is disputed, it can weaken the plaintiff’s negotiating position or result in reduced recovery. Cases where a plaintiff was partially at fault are typically worth less than when the defendant is solely at fault.
Having a knowledgeable personal injury law firm represent you can significantly improve your ability to prove a defendant’s liability. A skilled and experienced personal injury lawyer is:
aware of various laws, regulations, and standards that may be relevant to proving liability,
knowledgeable regarding potential sources of evidence that may strengthen your case
but not be obvious to most people, and
knows of different types of experts who can be retained to help prove liability when the issue is disputed.
Evaluating Damages: Types of Compensation that May Be Recovered under New Jersey Law
After establishing liability, the next step is calculating damages. Damages are the losses suffered by the plaintiff and are a key determinant of case value. In New Jersey, damages that may be removed by an injured party include:
Economic damages are measurable losses, such as:
Medical expenses: If you incurred $15,000 in medical bills due to an accident.
Lost wages: If you missed work for three months with a calculated loss of $12,000.
Property damage: Costs for repairs or replacement of damaged property.
Non-economic damages are not measurable, more subjective, and harder to quantify. They encompass pain, suffering, and emotional distress. For instance, if someone experienced significant emotional trauma from an accident, different jurors might have very different beliefs regarding how much compensation should be awarded for that trauma.
Examples of non-economic damages are:
Pain and suffering: Compensation for physical pain, discomfort, and anguish
Emotional distress: Compensation for psychological harm, trauma, anxiety, depression, and post-traumatic stress disorder (PTSD)
Loss of consortium: Compensation for the loss of companionship, affection, support, and services with family members or loved ones
Loss of enjoyment of life: Compensation for losing the ability to participate in activities and enjoy life's pleasures
Scarring or disfigurement: Compensation for the emotional impact of permanent scars or disfigurement
It is important to note that in many New Jersey motor vehicle accidents cases, the verbal threshold (or limitation on lawsuit) may prevent a plaintiff from recovery non-economic damages unless a certain threshold of injury is proven.
Punitive damages are rarely recoverable in New Jersey but may be obtained in cases of egregious misconduct. They differ from compensatory damages because punitive damages are intended to penalize the defendant and deter similar conduct in the future. New Jersey caps punitive damages at five times the compensatory damages or $350,000, whichever is greater (NJSA § 2A:15-5.14).
Medical records, expert testimony, and thorough documentation of damages increase the likelihood of higher recovery. It is important to retain a personal injury attorney who can assist with gathering the necessary proofs for your claim.
The Defendant's Ability to Pay
Understanding the defendant's financial capability is critical in personal injury cases. Winning a case doesn’t guarantee compensation if the defendant lacks the means to pay.
Source of payment may include:
Insurance Coverage: Most New Jersey personal injury cases involve insurance policies, especially for motor vehicle accidents. New Jersey's mandatory minimum liability insurance limits can affect recovery:
Umbrella Policies: In cases involving wealthy defendants or businesses, additional coverage may be available through an umbrella policy.
Uninsured or Underinsured Defendants: New Jersey drivers are required to carry uninsured/underinsured motorist coverage (UM/UIM), which can provide compensation in auto accident cases if the defendant has no insurance or insufficient coverage.
Personal Assets: If there is no insurance or insurance is inadequate, recovery may depend on the defendant’s personal assets, though collecting from an individual can be difficult.
Strategies for Maximizing Finical Compensation for a Personal Injury Claim
To effectively manage personal injury claims, consider these strategies:
Documentation: Maintain thorough records of expenses, injuries, and impacts on your daily life. Include medical reports, receipts, and personal journals detailing emotional and lifestyle changes.
Legal Representation: Hiring a personal injury attorney experienced in New Jersey laws can significantly improve your case outcome. They can help clarify liability and damage assessments and navigate the insurance landscape.
Expert Testimony: Using expert witnesses can enhance the credibility of your non-economic damage claims. Their testimonies are often critical to establishing a claim and maximizing compensation. A knowledgeable personal injury attorney can find and hire the right experts.
Key Takeaways for Evaluating a Personal Injury Claim and Maximizing Your Compensation
When attempting to evaluate, "How much is my personal injury case worth?," consider the following:
Strong Liability + Significant Damages + Adequate Coverage: Increases the likelihood of a high-value settlement or judgment.
Comparative Negligence: Shared fault may reduce recovery.
Retaining Competent Counsel is Key: Having a seasoned attorney can greatly increase the value of your case.
A Skilled Personal Injury Attorney Can Significantly Improve the Compensation You Obtain
A knowledgeable personal injury lawyer:
Understands relevant laws, regulations, and standards,
Knows potential sources of evidence that might not be obvious,
Can retain experts to help prove the that defendant is liable,
Can help in gathering necessary proofs to establish the severity of your injuries,
Can aid retaining appropriate experts,
Can assist in finding insurance policies and sources of payment, and
Can help in valuing your claim, negotiating a settlement, and trying the case in court.
Contact the New Jersey personal injury attorneys at Kemeny, Ramp & Renaud, LLC if you or someone you love was involved in an accident in New Jersey. Our firm fights for accident victims and their families. Cases we handle include:
Truck Accidents | ||
Pedestrian Accidents | ||
Motorcycle Accidents | Sexual Abuse | |
Bicycle Accidents | Nursing Home Neglect and Abuse | Assault and Battery |
Bus Accidents | Construction Accidents | Workplace Injury |
Train Accidents | Intentional Infliction of Emotional Distress | Sidewalk Defects |
Disparagement / Defamation | Malicious Prosecution and Abuse of Process | Invasion of Privacy |
Our attorneys provide free consultations for people injured as a result of an accident. Call us at (732) 853-1725 to schedule a consultation.
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