0 4 Blog When we meet with a potential client during a free consultation, they sometimes ask us a rather predictable question, and understandably so. That question is “How much is my case worth?” These clients are dealing with serious injuries like broken bones, burns, severe back pain or even traumatic brain injury. They may have been involved in a serious car or truck accident. They may be missing work and incurring mounting medical bills. They may have taken a bad fall, possibly slipping on ice or snow. They may have been injured on the job in a work accident or construction accident. They might be facing back surgery or unable to even walk on their own into our office. With good reason, these clients want to know what kind of compensation they can expect to receive for all of their pain and suffering. Before we look take a closer look at this question, first a quick red flag warning for anyone meeting with an attorney for the first time. RED FLAG ALERT If a personal injury attorney ever gives you an immediate answer for how much your case is worth at your first meeting, we strongly suggest consulting with another lawyer or firm. For example, if an attorney says your case is worth millions without gathering more information (i.e. police reports, medical records, insurance info, etc.), the red flag should definitely be raised. Damages What Are Personal Injury Damages? How much is my case worth? Well, the short answer legally is “damages”. What are personal injury damages? When someone is seriously injured in a car or truck accident, work accident or slip and fall, they are entitled to 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). How are Personal Injury 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 law firm with experience is crucial. Clients want their lawyer to have a track record of securing great results for their clients. Which leads us to the: TOOTING OUR OWN HORN ALERT You can view some of our results here and check out reviews from our clients here. When a settlement can’t be agreed upon by all parties, then the personal injury lawsuit will proceed to trial. In this example, damages would be determined by a judge or jury at the conclusion of the trial in a verdict. Compensatory Damages When it comes to most personal injury lawsuits, damages that are awarded are classified as “compensatory”. In certain lawsuits punitive damages may be awarded as well, but those cases are not typical. Punitive damages serve as a punishment and deterrent. 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 include: Medical expenses Lost wages Loss of earning capacity Permanent disability Disfigurement Physical pain and suffering Mental pain and suffering Medical expenses can include any costs that are related to the victim’s accident or injury. For example, consultations with doctors, prescriptions, treatments, surgeries, etc. In addition, if the accident or injury requires medical care for years to come, then future medical expenses may apply as well. Lost wages include any take-home pay that the plaintiff has been unable to earn due to their accident and injuries caused by the defendant’s negligence. Loss of earning capacity – In some cases, plaintiffs may be able to recover earnings that will be lost in the future. The following excerpt is from New Jersey’s jury instructions regarding loss of future earnings: “If you decide from the evidence that it is reasonably probable that plaintiff will lose income in the future, because [either] he/she has not been able to return to work, [or] he/she has not been able to keep the same job, [or] he/she will be able to work for a shorter period of time only, then you should include an amount to compensate for those lost earnings.” Pain and Suffering – Defined Physical pain and suffering is the pain caused by the plaintiff’s actual physical injuries. This includes the pain and discomfort that the victim 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. Mental pain and suffering refers to affects the injury has had from a mental and emotional perspective. This can include things like emotion 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. Pain and Suffering – Quantifying it While damages such as medical expenses and lost wages contain actual data and figures that can be calculated, putting a dollar amount on pain and suffering is much more difficult (see red flag warning at top of page). If you check with different insurance and legal resources, answers will vary. There are some that suggest using a “multiplier” to estimate a dollar amount for pain and suffering. In one “multiplier” scenario, one simply takes the medical expenses that the client has endured and multiplies them by three to five. Another concept adds up all the other compensatory damages and multiplies that figure by a certain number. The multiplier they use under this theory would fall between a range of 1.5 on the low end to 4 or 5 on the high end. What factors determine which multiplier to use according to this idea? Things like the seriousness of an injury, impact on work and daily life, estimated recovery time, and level of fault of the other party involved in the accident. Of course, while maybe providing a ballpark estimate or guideline for some, these concepts clearly have their flaws and shouldn’t be relied upon. For example, if damages add up to $200k then that multiplier of 1.5 equals a settlement of $300k on the low end…while a multiplier of 5 can lead to $1 Million on the high end. That is quite a wide range! Other insurers and attorneys have used a time unit method to help calculate an amount for pain and suffering. For example, some may come up with a figure of what the pain and suffering is worth on an hourly basis. Multiply that for 24hrs, 365 days and then years (based on life expectancy) to come up with a total. While breaking pain down on an hourly or daily level is helpful, coming up with a dollar amount for that hour or day is still a challenge. Furthermore, in New Jersey, attorneys can explain the “per day” concept to jurors. However, they cannot suggest a specific dollar amount, so at trial it is still ultimately left up to the jury. An experienced law firm like Mintz & Geftic understands this. We leverage our experience in utilizing key strategies before trial in negotiating a settlement, and if necessary, during trial to help ensure our clients get the best judgment possible. Soooo, how much is my case actually worth? “Yeah, yeah, Mr. Lawyer, you’ve given me a ton of info, but I’m still not really sure what my case is actually worth,” The bottom-line is that every single case is unique. We have been representing victims of accidents with serious injuries for over 40 years. We understand that each client has their own circumstances that must be investigated thoroughly. We must discuss the details with our client. We need to look at accident reports, video evidence (when available) and medical records. We sometimes need to work with medical and liability experts to get a true understanding of the case. If you believe you or a loved one has a case and are interested in the value of your case, scheduling a free consultation is the first step. We are here to FIGHT FOR YOU! MINTZ & GEFTIC – New Jersey Personal Injury Law Firm FREE CONSULTATIONS AND NO FEE UNLESS WE WIN YOUR CASE All cases involving truck accidents and car accidents require NO FEE unless we are successful in securing you a recovery to compensate you for your injuries and pain and suffering. We give personal attention to all of our clients. If you or a loved one has been injured in a car accident, truck accident, rear end accident, pedestrian accident please call the best New Jersey injury lawyers today at 908-352-2323. Were you injured as an Uber driver, Uber passenger, Lyft driver or Lyft passenger? We understand the latest laws when it comes to ride-share companies. Call us today for a free consultation. Did you suffer injuries in a car accident while you were working? Call us today at 908-352-2323. Do you prefer contacting our injury lawyers via email, then please click here. 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. You can view some of our results here and check out reviews from our clients here. 4 Motor Vehicle AccidentsNew Jerseypersonal injury Related Posts $125,000 for Serious Injuries from Multi-vehicle Accident Involving Truck Mintz & Geftic’s client, a New Jersey worker, was involved in a multi-vehicle accident. While driving his truck for work, our client was struck by a car that was pushed forward after it was struck by a truck. Our client suffered with serious injuries as a result of the accident. Injuries included herniated C4-5 and C5-6 discs in his neck. Our client underwent epidural injections for pain, as well as physical therapy. The case settled shortly after a settlement conference at Union County Courthouse for $125,000. Our client also received a settlement from this corresponding workers’ compensation case. (Union County, 2019) MINTZ & GEFTIC … 0 0 0 11 Nov 2019 $2.1 Million Settlement for injuries in an automobile accident $2.1 million settlement for injuries involving serious personal injuries caused by an automobile accident. The recovery included $191,000 in workers’ compensation benefits and $1,986,475 for negligence. (Union County 2010). 0 0 0 23 Jul 2015 Mintz & Geftic Announces Bryan H. Mintz is on the 2016 New Jersey Super Lawyers List Mintz & Geftic of Elizabeth is pleased to announce that Bryan Mintz has been selected to the 2016 New Jersey Super Lawyers list. This is the third year in a row that Mr. Mintz has received this recognition. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Bryan H. Mintz Published by Thomson Reuters, New Jersey Super Lawyers announced its new listing of attorneys who have “attained a high-degree of peer recognition and professional achievement.” The annual selections are made using a patented multiphase process that includes a… 0 0 0 26 Mar 2016 iPhone Crash Detection Helps Save Man Submerged in Car We recently wrote about the new iPhone crash detection feature. That full breakdown can be found on our blog by clicking here. In short, when a severe crash—such as front-impact, side-impact, rear-end collisions and vehicle rollovers— is detected, your iPhone or Apple Watch will sound an alarm and display an alert on the screen. Users will have 20 seconds to dismiss the alert. If they’re unable to respond in time, emergency services will be called, and the device will share your location with a dispatcher. At the time we discussed how positive this innovation seemed on the surface, but we wanted to wait for… 0 0 0 24 Apr 2023 $1.5 Million settlement of Wage & Hour Class Action $1.5 Million settlement of a class action against a major New Jersey food distributor alleging violation of New Jersey’ Wage and Hour laws and the failure to pay overtime to truck drivers and helpers. (Bryan H. Mintz, with co-counsel, Middlesex County, New Jersey 2016) 0 0 0 06 Jul 2016 $50,000 for Distracted Driving Crash Injuries $50,000 distracted driving accident settlement for our injured client. The serious crash occurred on West Grand Street in Elizabeth, New Jersey. The other driver swerved and crashed into our client’s vehicle because she was distracted by seeing a spider in her car. Due to this distracted driver crash, or client suffered cervical disc herniations in the accident at the C6-C7 level as well as disc herniations at the L5-S1 level with a dorsal annular tear. He also suffered an injury to his left knee. The most serious injury was a left shoulder partial rotator cuff tear, superior labral tear, and posttraumatic impingement syndrome, for… 0 0 0 06 Dec 2022 $150,000 Settlement for Rear-End Accident Injuries $150,000 settlement for our client for serious injuries suffered in a rear-end accident. Our client’s vehicle was struck from behind in Clifton, New Jersey in this rear-end accident. The crash caused him to suffer from an aggravation of preexisting cervical spine injury, In addition, our client suffered with a tear in his shoulder resulting in surgery. (PASSAIC COUNTY, New jersey 2021) MINTZ & GEFTIC FREE CONSULTATIONS AND NO FEE UNLESS WE WIN YOUR CASE All cases involving a rear-end accident, truck accident, car accident, slip and falls accident, or work-related accident require NO FEE unless we are successful in securing you a recovery to compensate… 0 0 0 24 Jan 2022 Is the Blizzard of 2016 on the way? Top Winter Driving Myths As initial forecasts are pointing to the first major winter storm of 2016 hitting our region later this week, it’s a good time to separate facts from fiction when it comes to winter driving. While taking it slow and putting down the cellphone will obviously help drivers avoid motor-vehicle accidents regardless of the road conditions, there are many myths out there when it comes to icy/snowy conditions. The list below was put together by iceroadsafety.com and can be found in its entirety here. 0 0 0 18 Jan 2016 Bryan Mintz Named NJ Super Lawyer 2026 | 13 Years Straight Bryan Mintz Named to Super Lawyers 2026 for 13th Consecutive Year Mintz & Geftic Partner Recognized Again for Excellence in Personal Injury Law Bryan Mintz, a partner at Mintz & Geftic, has once again been selected to the Super Lawyers 2026 list, marking his 13th consecutive year receiving this prestigious recognition. Each year, Super Lawyers recognizes outstanding attorneys who have demonstrated a high degree of professional achievement and peer recognition. Bryan Mintz’s continued inclusion reflects his long-standing commitment to advocating for individuals seriously injured due to negligence. What the Super Lawyers 2026 Recognition Means The Super Lawyers selection process is rigorous and includes peer… 1 0 1 06 Apr 2026 $1.1 Million settlement involving a fall from scaffolding work injury $1,136,500 settlement for an individual who fell from scaffolding while at work suffering a work-related injury. The settlement included a recovery of $1,000,000 for negligence and $136,500 for workers compensation benefits. (Essex County, New Jersey 2015). 0 0 0 11 Aug 2015 60,000 For Slip and Fall Accident On Stairs $60,000 settlement for our client who had a slip and fall accident in Newark, New Jersey when falling down a neighbors’ stairs. This slip and fall accident occurred as a result of the dilapidated front porch stairs. The condition of these stairs made them a serious injury risk. Our client suffered a patellar tendon tear from the fall on the stairs. His personal injury required surgery. The house was unfortunately unoccupied and in foreclosure and we were fortunate to be able to obtain some settlement monies for our client. He ultimately recovered physically after extensive physical therapy. MINTZ & GEFTIC – SLIP AND FALL… 0 0 0 07 Dec 2022 Bryan Mintz Named 2025 Super Lawyer—12 Years Running! Bryan Mintz Named to New Jersey Super Lawyers List for the 12th Consecutive Year! We’re proud to announce that Bryan Mintz, a leading personal injury attorney at Mintz & Geftic, has once again earned a place on the prestigious New Jersey Super Lawyers list for 2025. This marks 12 straight years that Bryan has received this distinguished recognition! What Does It Mean to Be a Super Lawyer in New Jersey? Each year, only 5% of attorneys statewide are selected to the Super Lawyers list, making it one of the most respected honors in the legal profession. To be chosen, attorneys must first be nominated… 0 0 0 11 Apr 2025 $300,000 for Passenger in a Rideshare Vehicle $300,000 personal injury settlement for our client. She was a passenger in a rideshare vehicle that was involved in an accident in Lakewood, NJ.. The rideshare vehicle was struck by an uninsured car in Lakewood,Ocean County, New Jersey. Our client suffered mulitlevel spinal fractures, right L2-4 transverse process, Left L5 transverse process. The case settled after depositions and before trial. (Lakewood, NJ, Ocean County, 2022) MINTZ & GEFTIC – TOP-RATED NJ LAW FIRM FOR RIDESHARE ACCIDENTS All cases involving rideshare accidents, truck accidents, car accidents, slip and falls accidents and work-related accidents require NO FEE unless we are successful in securing you a recovery to… 0 0 0 02 Dec 2022 Heat Illness at Work in New Jersey: Workers’ Compensation Rights During a Heat Wave New Jersey workers are facing dangerous heat just as the July 4th weekend begins. When temperatures and humidity rise, workers in construction, landscaping, roofing, delivery, warehousing, kitchens, factories, transportation, public works, and other hot environments can face serious health risks. Heat illness is not just discomfort. Heat exhaustion, heat stroke, dehydration, fainting, rhabdomyolysis, and heat-related falls or accidents can become serious work injuries. If you suffered heat illness because of your job, you may have rights under New Jersey workers’ compensation law. In some cases, you may also have a separate personal injury claim if someone other than your employer contributed to unsafe work… 0 0 0 01 Jul 2026 The Importance of Civil Reservations in Automobile Accident Cases This week, in Maida v. Kuskin, the New Jersey Supreme Court addressed an important aspect of civil reservations. 0 0 0 18 Mar 2015 Leave a comment Cancel replyYou must be logged in to post a comment.
