When someone is seriously injured in a car accident or truck accident they may be entitled to financial compensation for their injuries.
If someone suffers major injuries from a pedestrian accident or a New Jersey worker is badly hurt in a slip and fall accident, they can recover financial compensation for their injuries.
Monetary damages are paid to the injured person (plaintiff) by the person or company who is found to be legally responsible for the accident (the defendant or their insurer).
When it comes to most personal injury lawsuits, these monetary damages are referred to as compensatory damages.
Compensatory Damages
As the name suggests, compensatory damages are intended to provide compensation to the injured person for what they lost due to their accident and resulting injuries.
Compensatory damages are meant to make the injured person whole again from a financial perspective.
Examples of compensatory damages include:
- Medical expenses
- Lost wages or income
- Future lost earnings
- Permanent disability
- Disfigurement
- Loss of Consortium
- Physical pain and suffering
- Mental pain and suffering
Let’s explore each of these:
Medical expenses
Medical expenses refers to any costs that are related to the victim’s accident or injury.
Medical expenses can include consultations with doctors, physical therapy , chiropractic treatments and prescription costs.
Medical expenses may also include epidural injections, cortisone injections, back surgery, neck surgery, brain surgery or other surgeries and procedures required as a result of the injuries sustained in the accident.
In addition, if the accident or injury may require medical care for years to come, then future medical expenses may be awarded as well.
The following is listed in the jury instructions for New Jersey courts regarding medical expenses:
“A plaintiff who is awarded a verdict is entitled to payment for medical expenses which were reasonably required for the examination, treatment and care of injuries proximately caused by the defendant’s negligence (or other wrongdoing). Medical expenses are the costs of doctors’ services, hospital services, medicines, medical supplies and medical tests and any other charges for medical services. The amount of payment is the fair and reasonable value of such medical expenses.”
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Lost Wages or Income
Lost wages or income includes any take-home pay that the plaintiff has been unable to earn due to their accident and injuries caused by the defendant’s negligence.
How are lost wages or income determined?
From the New Jersey jury charges:
“Do this by considering the length of time during which [plaintiff] was not able to work, what his/her income was before the injuries, how much he/she earned upon return to work, whether the injuries affected his/her ability to do any tasks required on the job, and any lessening or decrease in his/her income after returning to work.”
Future Lost Earnings
Future lost earnings, or loss of future earning capacity, includes lost wages or income that one would have been likely to receive if they didn’t sustain their accident-related injuries.
Examples of when these may be awarded are when the plaintiff:
- has not been able to return the work because of their injuries
- has not been able to keep the same job or line of work
- is only able to work for a shorter period of time each day
Factors to consider for future earnings are:
- nature, extent and duration of injury or injuries
- plaintiff’s current age and their overall health and physical condition before their accident
- how long loss of income is likely to continue as a result of their injuries
- how much plaintiff can likely earn in a job that they are physically able to perform with their injuries
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Loss of Consortium
Loss of Consortium is a claim for damages suffered by the family member, typically spouse, of a person who has been injured.
A loss of consortium claim is made when the level of injuries sustained by their spouse has affected their marriage, level of companionship, affection, etc.
Loss of Consortium may come up when one’s spouse has either lost their life as a result of their injuries or when the injuries are so catastrophic that their spouse is left severely disabled.
The spouse is “entitled to fair and reasonable compensation for any loss of impairment of his or her spouse’s services, society or consortium because of injuries sustained by him or her as a proximate result of the defendant’s negligence (or other wrongdoing). Damages may be awarded not only for total loss of services but for a worsening of their quality.” (NJ Jury Charge 8.30B)
Permanent Disability
Once a doctor has reached a conclusion that there is no further treatment available that will improve your medical condition, they will determine whether an accident victim has any permanent disability.
This determination might be made for those sustaining severe injuries in car accidents, pedestrian accidents and other personal injury matters.
In addition, permanent disability is brought up in a workers’ compensation case when injuries are severe and further treatment is unable to improve our clients’ conditions.
Since we have a great deal of experience in both personal injury lawsuits and workers’ compensation cases, our lawyers have provided a great deal of value to many injured workers over the years.
See what our clients are saying about us here and call us today for a free consultation at 908-352-2323.
Physical Pain and Suffering
Physical pain and suffering is the pain caused by the plaintiff’s actual physical injuries. This includes the pain and discomfort that the injured party has suffered with since their accident. In addition, it relates to the effects that will remain into the future as a result of injuries from the defendant’s negligence.
Pain and suffering is typically the compensatory damage with the most volatility. Opinions from legal resources and insurance experts can vary greatly on the subject. Likewise, opinions between the plaintiff and their attorney can differ greatly from those of the defendant, their attorney and their insurer.
This is the area where choosing the most qualified and experienced law firm is vital. At Mintz & Geftic, we have a long and proven track record representing the seriously injured people of New Jersey. Call us for a free consultation today.
Mental Pain and Suffering
Mental pain and suffering refers to the effects the injury has had from a mental and emotional perspective. This can include things like emotional distress, loss of enjoyment of life, fear, anxiety, depression, sleep loss, etc. Like we mentioned with physical pain and suffering, mental pain and suffering includes the effects since the accident as well as those that are more likely to take place in the future.
How are Compensatory Damages Awarded?
Damages can be awarded through a settlement negotiation. In a negotiated settlement, there is an amount agreed upon by each of the parties, their attorneys and their insurance companies.
This negotiation process is where choosing a personal injury lawyer with experience is crucial. Clients want their personal injury lawyer to have a track record of securing great results for their clients.
Of course, that is where a free consultation with Mintz & Geftic is highly recommended.
MINTZ & GEFTIC – New Jersey Personal Injury Law Firm
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If you are a truck driver who was injured while working call us today at 908-352-2323.
If you prefer contacting our injury lawyers via email, please click here. Our injury lawyers serve clients throughout New Jersey. This includes the cities of Newark, Elizabeth, Union, Short Hills, Millburn, Livingston and Jersey City. We cover Morris, Bergen, Essex, Hudson, Union and Middlesex counties. Our accident lawyers have offices in Elizabeth, New Jersey, Short Hills, New Jersey and in New York City.
We represent clients suffering with spinal cord injury, back injury, burn injury, broken bones and traumatic brain injury.
If you are enduring physical pain and suffering, mental pain and suffering, permanent disability, disfigurement, lost wages, medical expenses or any other hardship resulting from a truck accident, car accident or pedestrian accident please contact us today for a free consultation.
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sources:njcourts.gov
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