What Can You Recover in a Personal Injury Lawsuit?
What Types of Compensation Are Available?
You’ve been hurt in an accident caused by someone else’s wrongful act. You have a right to file a lawsuit to recover compensation for all your losses. What does that include? What compensation can you expect to recover?
The Types of Damages Available in a Personal Injury Lawsuit
At the highest level, personal injury damages typically take the form of either compensatory damages or punitive damages. As a practical matter, punitive damages are extremely rare, granted only when a defendant’s actions are egregious or with reckless disregard for the value of human life.
Compensatory damages generally fall into two categories:
- Economic damages—These losses are generally tangible and easy to determine, and include:
- Loss of income or wages, as evidenced by prior earnings
- Any unpaid or unreimbursed medical expenses
- Any property damage or loss not covered by insurance
- Non-economic damages—These types of losses are less tangible and, therefore, more difficult to calculate. Common forms of non-economic damages that are typically awarded in personal injury cases include:
- Pain and suffering—Juries may award damages for physical and/or mental pain and suffering. A common approach is to determine the amount of economic damages and use a multiplier. For example, the jury may calculate $500,000 in economic damages and use a multiplier of two to assess $1,000,000 in damages for pain and suffering.
- Loss of companionship or consortium—These damages cover the loss of close or intimate relationships with family members due to an injury, including loss of guidance, affection and nurturing
- Loss of enjoyment of life—This covers the loss of the ability to engage in the ordinary acts of daily life, as well as any activities that brought joy, satisfaction or contentment before the accident
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
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Who Qualifies to File a Personal Injury Claim after an Accident?
What Are the Legal Requirements to Be Eligible to File a Lawsuit?
The impact of a personal injury can be widespread. You may be the primary or exclusive breadwinner in your family and be unable to work because of your injuries. You may be the spouse or child of an injured person, and lose the ability to have a close or intimate relationship, because of the injuries. You may be a friend or business associate and experience loss of companionship or contribution to the business.
After an accident, qualified persons can file a personal injury claim to recover for certain losses. But what are the criteria that make you eligible to file a personal injury lawsuit to recover damages?
Standing to Sue
The general legal principle that governs eligibility to recover compensation in a lawsuit is knows as “standing to sue.” A person may only be a plaintiff in personal injury litigation if he or she has standing. What does that mean?
Standing is unrelated to the facts of a case, the cause of an accident or the disputed issues, except as they relate to the relationship between the injured person and the person seeking to recover damages (financial compensation after a loss). Standing simply means that you have a right to sue. To establish standing, you must show three things:
- That you suffered an actual injury—You cannot file a lawsuit for damages for what “might have happened.” You cannot bring a lawsuit for injuries suffered by another person, unless those injuries caused you to suffer injury or loss. Furthermore, you cannot bring a personal injury lawsuit for injuries that may arise in the future.
- You must show that the defendant (party from whom you seek damages) caused the accident and injury
- You must show that the court will be able to do something to either undo the harm done to you or to compensate you for the harm you have suffered
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Evidence that Can Be Excluded at a Personal Injury Trial
Evidence that Can Be Ruled Inadmissible
In New Jersey and across the United States, when parties are preparing a personal injury case, the principle of open discovery applies, ensuring that all parties have equal access to information and evidence related to the lawsuit. It’s important to understand, though, that not all evidence uncovered by the parties may be admissible at trial, as it may be unreliable or may have little relationship to the material issues involved. In fact, it’s customary for the court to hold hearings in advance of trial to determine the admissibility of some types of evidence, so that the jury may not be unfairly prejudiced by hearing inadmissible evidence during the course of the trial.
What Types of Evidence Can the Court Exclude from a Trial?
The admissibility of evidence is governed by the relevant rules of evidence—the Federal Rules of Evidence apply in personal injury claims in federal courts and state evidentiary rules govern all state court proceedings. Though the rules may be slightly different from state to state, there are some general limitations:
- Evidence may be excluded if it is deemed irrelevant—The evidence must have some bearing on the issues that need to be resolved. For example, an injured party typically cannot introduce evidence of a defendant’s poor credit rating, if that has nothing to do with the cause of the accident or the damages suffered.
- Evidence may be excluded if it provides opinion, rather than fact—A qualified expert witness may give an opinion in court, but all other witnesses must limit their testimony to the facts
- Evidence may be excluded if it is considered to be hearsay—A witness may not testify as to what another person said outside of court, if the testimony is introduced to prove the truth of the out-of-court statement. For example, a witness may not testify that he heard a third party say that he knew that there was ice on his sidewalk, if introduced to prove that there was ice on the sidewalk.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Getting Full and Fair Compensation after a Car Accident
What Are the Different Sources of Damages?
New Jersey is one of a minority of states across the country with form of “no-fault” automobile insurance. As a general rule, that means that, in the aftermath of a car, truck or motorcycle accident, you’ll look first to your insurance provider to recover for your losses. In certain circumstances, though, you may be able to file a civil lawsuit to recover compensation, such as when the accident causes:
- Dismemberment
- Significant scarring or disfigurement
- Displaced fractures
- The loss of a fetus
- Any type of permanent injury
In those situations, you’ll typically look to the at-fault party’s insurer for recovery. What are your options, though, if the defendant’s insurance policy is insufficient to cover all your injury and loss? What other potential avenues of recovery do you have?
An Uninsured or Underinsured Motorist Claim
In New Jersey, as in other state, you can purchase additional coverage under your own policy, known as UM/UIM, or Uninsured Motorist/Underinsured Motorist coverage. This coverage typically provides compensation for unreimbursed medical expenses, lost income or wages, emotional distress, physical pain and suffering, and wrongful death.
A Dram Shop or Social Host Liability Claim
If the person who caused the accident was intoxicated at the time of the crash, you may be able to bring a lawsuit against the person or establishment that provided the alcohol. With a dram shop claim (against a bar, tavern or similar entity), you must typically show that either:
- The person causing the accident was visibly intoxicated when served, or
- The person serving the alcohol knew or should reasonably have known that the person being served (who subsequently caused the accident) was under the age of 21
You can also bring a lawsuit against a private individual who served alcohol at a party or similar function, provided you can show that:
- The person causing the accident was visibly intoxicated when served, or
- The circumstances under which the alcohol was served created an “unreasonable risk” of harm to life or property, and your injury was caused by an intoxicated person who was served alcohol by a social host
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury.Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Ways that Your Personal Injury Claim Can Be Resolved without a Trial
Voluntary and Involuntary Termination of Litigation
When you have suffered an injury because of the carelessness or negligence of another person, you have a right to file a lawsuit seeking full and fair compensation for all your losses. Though your lawyer may take all the necessary steps to be fully prepared, should your case go to trial, the reality is that most personal injury claims don’t make it that far. There are a number of ways that your personal injury claim can be resolved or terminated without taking your case to a judge and jury.
Your Claim May Be Settled
Any party to a personal injury lawsuit can seek to settle the claim outside of court. In fact, the first time you meet with a judge, you can expect pressure to find a way to settle your dispute—that’s because most court dockets are full. If your case goes to trial, you may not get a court date for months or years. Of course, that means you won’t see any compensation, either. If liability is clear, the defendant may initiate settlement discussions. However, if you have some potential weaknesses in your case, you may encourage your attorney to negotiate a settlement.
Your Claim May Be Granted without Trial
Though it rarely happens, a court may grant what is known as “summary judgment” in your favor. If, after all the completion of discovery (the gathering of all evidence), the defendant has produced little or no evidence to support any defense, the court may rule in your favor. Your attorney must, however, file a motion for summary judgment to get that result.
Alternatively, if the court determines that you have not provided sufficient evidence to support your claims, the court may grant a motion to dismiss by the defendant.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury.Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
The Statute of Limitations and Your Personal Injury Claim
How the Statute of Limitations Affects a New Jersey Case
When you’ve been injured in New Jersey because of the wrongful or careless act of another person, you have the right to bring a lawsuit to recover compensation for all your losses. You must, however, bring your claim within a certain amount of time or it will be barred. In New Jersey, as in all other states, the rule of law requiring the timely filling of your claim is known as the “statute of limitations.”
What Is the Statute of Limitations on Personal Injury in New Jersey?
The statute of limitations is a written law, enacted by the New Jersey state legislature, that establishes time limits for filing a claim in court. There are specific statutes of limitations that apply to all legal procedures, from breach of contract to personal injury to criminal acts. In New Jersey, the statute of limitations for personal injury claims requires that any civil complaint be filed within two years of the date of the accident or injury.
What Is the Purpose of the Statute of Limitations?
The statute of limitations serves the combined interests of fairness and the effective and efficient administration of justice. Among the concerns are the potential loss, deterioration or destruction of physical evidence, as well as the fading memories of witnesses or parties to an accident. Furthermore, there’s a sense that it’s inherently unfair to allow a claim to hang over the defendant’s head for an indeterminate period of time. The interests of fairness support either bringing the claim within a reasonable period of time or permanently prohibiting it.
What Happens If an Injury Only Becomes Apparent Months or Years after an Accident?
In some cases, there are no physical manifestations of an injury for months or even years. In those situations, the statute of limitations may be suspended or “tolled,” such that the period in which the claim must be filed will be two years from the date when the injured party knew or should have know of the injury.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Comparative Negligence in New Jersey
How Will It Affect Your Right to Recovery after an Accident?
When you’ve been injured in a motor vehicle accident or a slip and fall, you have a right to bring a personal injury claim against any other party who acted carelessly or negligently, causing the accident and your injuries. But what if you were partially at fault? What if you were injured when another motorist failed to stop at a red light or stop sign, but you were speeding at the time of the crash? What if you slipped and fell on a slippery floor after disregarding a sign warning you of the potential danger?
The Legal Principle of Comparative Negligence
It’s fairly common, in accidents that lead to personal injury, for both parties to have been careless. For many years, the principle of “contributory negligence” applied to such situations. Under that legal theory, if the injured party “contributed” in any way, regardless how insignificant, to causing the accident, there could be no recovery for any losses. In response to the perception that such a rule often unjustly punished a relatively innocent victim at the hands of an egregiously careless or negligent person, the state of New Jersey, like most other states, replaced the concept of contributory negligence with the legal theory of “comparative negligence.”
With the comparative negligence approach, the court first identifies the total amount of loss sustained by the injured party. Once that has been calculated, the court determines the extent to which the injured party caused the accident, stated as a percentage of liability. The court then reduces the total amount of the loss by the percentage of liability. For example, if an injured party sustains $1 million in losses, but is deemed to be 30% responsible for the accident, the damage award will be reduced by $300,000 (30% of $1 million).
There’s another wrinkle, though, to the New Jersey comparative negligence law. New Jersey adheres to a “modified comparative negligence” approach, which means that an injured party may only recover damages if his or her liability was less than that of the other parties (essentially less than 50%).
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
The Types of Damages Available in a New Jersey Personal Injury Claim
What Can You Recover in a Lawsuit?
When you’ve been hurt in any type of an accident caused by the carelessness or negligence of another person, you have the right to file a lawsuit to recover for your injuries and loss. You may be unable to work or may need extensive rehab or physical therapy, which may not be covered by insurance. You may experience pain and suffering on a daily basis, or have to give up things you love because of your injuries. What can you reasonably expect to recover in a lawsuit for personal injury?
The Different Types of Damages in a Personal Injury Action
In New Jersey, you can ask a jury to award damages (monetary compensation) for six different types of losses:
- Wages and income—You can seek reimbursement of past and future income you didn’t earn because of your injuries. If the accident makes it impossible for you to work again, you can get prospective damages based on a reasonable date of retirement.
- Physical and emotional pain and suffering—A jury can award you compensation for traumatic or chronic physical or emotional discomfort or distress
- Unreimbursed medical expenses—You cannot recover compensation for any medical bills that were covered by insurance or otherwise paid
- Loss of enjoyment of life—This includes your inability to engage in normal activities of daily life, or to do things that you could do before the accident
- Loss of companionship or consortium—You can be compensated for the loss of intimate relations with a spouse, or the loss of love, affection or relationship with other family members
- Property damage or loss—A court can award you damages for the loss in value to property or for the total loss of property
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
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