If you’ve been injured in an accident, you may be wondering what your claim is worth. The value of a personal injury claim in New Jersey is not determined by a simple formula. Instead, it depends on a variety of factors. Understanding these elements is essential to protect your right to compensation. Work with a skilled New Jersey personal injury lawyer for experienced representation and legal advice.
What Impacts the Value of a Personal Injury Claim in NJ?
The value of a personal injury claim depends on several important and related factors that quantify the scope of your loss and the strength of your case. The severity and extent of your injuries are often the most significant factors. Claims involving severe, long-term, or permanent injuries inherently result in higher values than those with minor injuries. The clearer the evidence supporting the injury, the stronger the claim.
The amount of economic damages you’ve sustained will also directly impact your compensation. These are calculable, out-of-pocket losses, including medical expenses such as your current and future costs for hospital stays, doctor visits, surgery, physical therapy, medications, and medical equipment, as well as lost wages and diminished earning capacity due to time missed from work and the prevention of your return to the same level of employment.
Non-economic damages are also important and represent subjective losses. These compensate you for the intangible impact of the injury, including physical discomfort, emotional distress, anxiety, mental anguish, and the inability to participate in hobbies, sports, or daily activities you enjoyed before the accident.
The clarity of the fault (meaning how obvious it is that the other party was negligent) heavily influences value. A case with irrefutable evidence of the defendant’s sole fault is worth more than a case where liability is contested or vague.
Ultimately, the maximum amount of compensation recoverable is often dictated by the at-fault party’s insurance policy limits. Even a significant injury may settle for a lower amount if the defendant only carries minimum coverage, unless the defendant has significant personal assets.
Can Comparative Negligence Affect My Claim?
In addition to the factors listed above, New Jersey’s comparative negligence system can significantly impact the amount of compensation you are entitled to.
New Jersey operates under a modified comparative negligence rule. This means that a jury or judge determines the percentage of fault for each party involved in an accident. If you are found to be 51% or more at fault for your own injuries, you are barred from recovering any damages from the other party.
However, if your percentage of fault is 50% or less, you can still recover compensation, but the total amount awarded will be reduced by your percentage of fault. For example, if you are awarded $100,000 but were found to be 10% at fault, your final compensation will be $90,000.
If you are filing a personal injury claim, understanding the different factors that affect your compensation is crucial. Reach out to a skilled attorney for more information and legal counsel today.
